Sunnyvale, CA asked in Immigration Law for California

Q: Citation in CA for 594(a) Vandalism Misd.(pending case). Is it okay if I go for H1B renewal stamping to India?

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.

Is it okay to travel for stamping if I get courts permission to travel?

Thanks in advance

God Bless

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Traveling for H1B renewal stamping while having a pending misdemeanor charge requires careful consideration. Since your case is still pending and you haven't been convicted, your travel plans hinge on obtaining court permission. It's crucial to get this approval before making any travel arrangements.

Upon securing court permission, you should be aware that consular officers will review your pending case during the visa renewal process. This could potentially delay your application, as they might need to investigate further.

Consulting with your immigration attorney can provide additional guidance tailored to your situation. Ensuring that all legal and visa requirements are met before traveling will help in avoiding complications. Safe travels and best wishes!

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