Legal Question in Immigration Law in California

F1-criminal conviction-H1, please help.

I need help on this matter.

I am on my F1 OPT right now and aspiring to change my status to H1 once I get full time employment.

While I was on F1, a silly prank that I uttered led me to conviction of a misdemeanor. It was in Sept. 2001. The crime falls into the ''crime of moral turpitude'' category. I was arrested for a night and then got bailed out. Eventually I contested and closed the deal, in Jan 2002, for few hours of community service - no jail time.

I have few questions.

1. Do I expect to face difficulties even when I will be filing for COS to H1, which will be sometime this year?

2. I am very likely to opt premium processing for my H1. And my understanding is, if my issue does come up, it takes long time for immigration hearings and all. What happens in those circumstances? If it takes long time to deal with that issue and my OPT expires before getting H1 approval, and my h1 petition is still pending with BCIS for all this processing. Will I be able to continue my job during that time frame? What could I be supposed to do?

4. If incase I am called for BCIS hearing to explain my case, do they allow to stay in some cases...if case is well explained and justified? Or they simply deport?


Asked on 3/31/03, 8:33 pm

3 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: F1-criminal conviction-H1, please help.

If you're doing a change of status to H-1B, there's no fingerprint check. Also, the I-129 doesn't even ask for criminal arrests or convictions. So, there's no need to answer that question or volunteer to the BCIS that you have a conviction. I wouldn't worry if you're already here in the U.S. and all you're doing is a change-of-status. This will definitely be an issue to worry about if you were filing for an immigrant visa or permanent residency but not now.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established.

Read more
Answered on 3/31/03, 8:51 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: F1-criminal conviction-H1, please help.

You will have no problem in changing from F1 to H1 since H1 does not require fingerprint. But if you want to get green card in the future..the conviction may cause problems!!!

Read more
Answered on 3/31/03, 8:57 pm
Myron Morales Lee Lane Smith LLP

Re: F1-criminal conviction-H1, please help.

The conviction is not an issue at the H-1B stage, but could be a problem when you seek permanent residence. Please contact me at [email protected] for more information.

Read more
Answered on 3/31/03, 8:58 pm


Related Questions & Answers

More Immigration Law questions and answers in California