Legal Question in Immigration Law in New Jersey

change F1 to H4 visa on OPT

I am currently on OPT which expires in June this year and I would like to switch to an H4 visa. (my husband has an H1 valid till 2011).

I know the process is fairly simple - I need to file I-539.

The problem is...

I am currently on 1 year probation (for a shoplifting offense) which ends in Jan 2010. I need to file for change of visa status in the next few months. For question 3d1 of the form -asking if I have ever been arrested, I would have to say yes.

Would this affect my application?

Could I be denied an H4 because I was arrested?

Please advise.


Asked on 3/13/09, 7:08 pm

1 Answer from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: change F1 to H4 visa on OPT

If there is a single offense, it should not affect the change of status application.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/16/09, 11:51 am


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