Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?
I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.
This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa renewal stamping.
Will it affect my stamping ?
Also is it okay for my wife to travel alone and get her H4 visa stamped and I will be in the US until the case is dismissed ?
This incident/misunderstanding is haunting me for an year now.
Any answer will give me a relief.
Thanks in advance,
god bless!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the pending charge during the stamping process. It's crucial to be honest about your situation if asked during the visa interview.
As for your wife traveling alone to get her H4 visa stamped, it should generally be okay as long as she meets the requirements and can explain your situation if asked. It's a good idea for her to carry all necessary documentation, including proof of your pending case and any evidence that shows you're dealing with the issue responsibly.
This situation can feel overwhelming, but staying informed and prepared can help. Make sure to consult with your attorney for personalized advice and to understand any updates on your case. Taking these steps can provide some peace of mind as you navigate this challenging time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
