Asked in Criminal Law and Immigration Law for Illinois

Q: Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)

Really need a help to back my wife and Kid to US. Me(on H1B) and My wife(was on H4) had very clean record. My wife got caught on a Shoplifting charges from one of the retail store for a theft of items below 50 USD from Ohio state.We hired the criminal defense attorney for her and she attended the first court date on Aug but then court date got moved to October for next hearing (court didnt allowed her for diversion program / dismissal).Just few days before the next court date on October, Her father got expired in her home country and had to travel back to home country with our Kid.She now got with a bench warrant and case is closed(as she couldnt able to attend the next).I have filed my H1B extension to my company and waiting for results expecting on Jan 2019 (Since my family was left, only filed for my extension through my employer). Can we file the family's H4's (wife and kid) extension after i get my extended approved petition? How much are the chances or steps to get their H4 visa?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.

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