Shoplifting, Larceny, Robbery, Theft Arrested for Larceny H1B visa 221g AP issue

M

Mr larc M

Guest
Jurisdiction
Virginia
I was arrested for and charged with Grand Larceny for shoplifting and intent to sell charge for goods over $200 i came to my home country for H1B stamping in October. The incident also took place in oct but i had already submitted my DS-160 form before incident occurred so in my DS-160 there was no arrest information mentioned. When i went for my visa stamping in End of October they gave me 221g white paper which required some additional admin processing. They asked for no additional documents at that time. This week i received a call from US embassy after almost 4 months that they need my court papers for arrest that occurred in USA along with my passport. My question is that if there is a red flag on my profile why did they ask for my passport. I was yet arrested and not convicted yet so would they approve my visa or not. Also i have extended my court date 2 times since I'm not able to enter USA. Please someone with past exp help me get solution here.
 
Mr larc M said:
I was arrested for and charged with Grand Larceny for shoplifting and intent to sell charge for goods over $200 i came to my home country for H1B stamping in October. The incident also took place in oct but i had already submitted my DS-160 form before incident occurred so in my DS-160 there was no arrest information mentioned. When i went for my visa stamping in End of October they gave me 221g white paper which required some additional admin processing. They asked for no additional documents at that time. This week i received a call from US embassy after almost 4 months that they need my court papers for arrest that occurred in USA along with my passport. My question is that if there is a red flag on my profile why did they ask for my passport. I was yet arrested and not convicted yet so would they approve my visa or not. Also i have extended my court date 2 times since I'm not able to enter USA. Please someone with past exp help me get solution here.
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You need to ask THEM, whoever THEM might be, probably some POWERFUL, ANOINTED bureaucrat in the US Embassy.

You most likely won't be arrested in your country of origin, as it is a sovereign nation.

You might be denied reentry into the US.

You are alleged to have committed a crime in the US.

You were a guest in the US.
You were told in WRITING and ORALLY to obey our laws.

You have laws in India, and I'm sure stealing is illegal in the Punjab, too.
 
army judge said:
You need to ask THEM, whoever THEM might be, probably some POWERFUL, ANOINTED bureaucrat in the US Embassy.

You most likely won't be arrested in your country of origin, as it is a sovereign nation.

You might be denied reentry into the US.

You are alleged to have committed a crime in the US.

You were a guest in the US.
You were told in WRITING and ORALLY to obey our laws.

You have laws in India, and I'm sure stealing is illegal in the Punjab, too.
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Why did they ask me to send my passport, that's what I'm curious to know. Also if i don't appear for my hearing in USA due to visa refusal what would be next step will the judge dismiss my case because of course my attorney will let judge know that I'm never coming back due to visa refusal? Also do you mean i can never enter US OR its temporary for like 5 or 10 years ?
 
LarcM said:
Why did they ask me to send my passport, that's what I'm curious to know. Also if i don't appear for my hearing in USA due to visa refusal what would be next step will the judge dismiss my case because of course my attorney will let judge know that I'm never coming back due to visa refusal? Also do you mean i can never enter US OR its temporary for like 5 or 10 years ?
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Yes, you need to ask your lawyer.
Anything I say is simply speculation.
Asking you to surrender your passport is very serious.
 
LarcM said:
But i have not yet been convicted only arrested can they still make a decision based on that.
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You are a guest in this country.
One of the rules you were told to obey, and you agreed to abide by is NOT to break our laws.
By the way, even citizens must obey the laws, or face the consequences.
You must abide by USCIS rules, as well as this nation's laws.
You need to ask USCIS or your lawyer.
 

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