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H1B visa + Green card - disorderly conduct charge

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Latest post Tue, Dec 18 2012 6:36 PM by Andrew MacDonald Wilson. 1 replies.
  • Mon, Dec 10 2012 6:31 PM

    • user559
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    H1B visa + Green card - disorderly conduct charge


    Currently working on a H1B visa (the 2nd renewed H1B) and have a green card at the last stage of processing waiting for the priority date. I have to go abroad soon for a trip and I've arranged to get my visa stamp at the US consulate in my home country, so that I can reenter the US.

    Will the charge have an effect on my re-entry back into the country?

    Will it affect renewing my H1B again after this one expires? (I have to go yr by yr after the 2nd H1B expires)

    Will the charge have an effect on the green card application?

    The original charge was for "theft of service" misdemeanour charge from an arguement with a taxi driver. But they added resisting arrest to this and then offered me a "deal" where I would do 2 days community service and the charge would be disorderly conduct with 6 mnths conditional discharge which expires on jun 2013 (there is another court date on Feb 2013 -compliance adjournment date).

    I had no idea if there was a good deal. There was a public defender with me but it seemed like at the time I had to give an answer and wanted the case over with.

    Any advice would be appreciated. Looking for advice on how this will affect my visa + immigrant status and also whether or not this was a fair deal.

    Thanks v much.


  • Tue, Dec 18 2012 6:36 PM In reply to

    Re: H1B visa + Green card - disorderly conduct charge

    There is no "general" answer to this question because the specific disposition sheet from the court would need to be reviewed.  If the final disposition was a plea of guilty to disorderly conduct, that likely would not be a problem for an H-1B visa process/overall admisisbility or your green card process.

    Disorderly conduct would not normally be seen as a crime involing moral turpitude (CIMT) or render you inadmissible to the U.S.

    Before you travel, it may be a good idea to have an immigration attorney review your matter and review the specific court disposition for your incident.

    You also want to make sure to travel with a copy of that disposition sheet so you can prove how everything was resolved.


    Andrew M. Wilson, Esq.

    Serotte Reich Wilson, LLP


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