H1B stamping after arrest record for assault


underhill

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I have arrest record for assault (misdemeanor class 1) and case was closed after I completed the diversion program. I did not appear before the judge but offered diversion program (classes) from the prosecutor.  After I finished the classes, the case was closed.

I filed for divorce and it is finalized. I got the child custody from the court. 

I am planning to travel to India and need to have stamping to come back. I could not take my son with me to India as my Ex refuse to consent. I been working for US company for the past 6 years. Please share what are the chances to get my visa stamped?

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9 hours ago, gopalakrishnach said:

I feel you have chances to get visa stamped but also smell chances of 221G. 

Thanks for the response. Do you know anybody in similar situation got visa stamped?

I worry a lot because if I stuck in India, I will lose my son. He could not spend couple of hours with his mother in a month and he will be badly affected if he has to stay with her.

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Yes you can go to India and that is the best option for your Visa. Since you need to mention on DS160 that you have been arrested whoch will create a redflag in your case with the consulate officer.

YOu need to take each and every document related to your arrest and custody of the child and everything. Release documents Case cancellation etc. 

YOu will be issued a 221G for sure but will be cleared. 

 

They will not approve the case right away.

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19 hours ago, Tjgarla said:

Yes you can go to India and that is the best option for your Visa. Since you need to mention on DS160 that you have been arrested whoch will create a redflag in your case with the consulate officer.

YOu need to take each and every document related to your arrest and custody of the child and everything. Release documents Case cancellation etc. 

YOu will be issued a 221G for sure but will be cleared. 

 

They will not approve the case right away.

Thank you for the response.

1. that is the best option for your Visa 

Why going to India is best option for me? I am worrying a lot if visa is not stamped, I could not see my son again.

2. They will not approve the case right away. 

Do you know how long it will take to clear?

Do you know anyone in similar situation traveled in 2017 in Trump scenario?

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