Arrested because of Unauthorized gmail access

timberwolf

By timberwolf,
in Criminal Issues

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timberwolf Newbie

timberwolf

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Hello All, I am planning to go for H1 stamping in India within a couple of weeks time. I have an arrest record  for gaining unauthorized access to my ex girl friend and colleague's gmail account. I was arrested on charges of IT ACT 66© here in India and the charge sheet filed by the police clearly states that we were exchanging passwords at regular intervals and during a minor verbal argument when my friend refused to give her password I answered the security question to which the answer is my name and logged into her account. No harm or harassment of any form has been caused to her and the same has been mentioned in the charge sheet. No email removal or any form of communication using her e-mail address. During the court proceedings she withdrew her complaint since we arrived at a mutual agreement (Assured her it won't happen again or will not interfere in her personal life, no financial settlement of any kind). The court case was disposed and I was not convicted. The arrest happened in November 2011 and the court case was disposed in February 2013. Please let me know if this is going to be a problem considering I have to enter my arrest detail in the DS160 form. The complaint and the charge sheet includes the 'hacking' word several times. Is this going to be considered very serious? I truly appreciate your inputs and time. 

 

Background of stay in the USA

I had an F1 Visa issued in 2004, followed by OPT and a H1B (Master's quota) approval. I worked in the US until 2009 January but had to return to India in April 2009 because my H1B petition was revoked since USCIS felt I haven't technically received my final degree by the time of applying. The H1B was revoked because of my employer's carelessness in not responding to notices from USCIS. I have not misrepresented anything to USCIS. I am working with an MNC in India for the last five years and also had a B1/B2 visa approved back in June 2009 and it is valid until 2019. I have traveled to USA after my H1B was revoked on the B1 visa for a month in July 2009. The current H1B approval was again filed in master's quota and approved without any RFE.

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timberwolf Newbie

timberwolf

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This kind of stuff would have gotten you into a lot more trouble in the US, with violation of the DMCA, and cyber-bullying.

It could well mean a lot of problems for you in the US.

JoeF, I did not 'cyber-bully' her in any manner. She hasn't mentioned anything of such nature in her complaint either. She mentioned that she has important e-mails and other stuff but I truly haven't done anything to cause her inconvenience of any kind. 

 

Please let me know if this is going to be a serious issue at the time of visa interview since I have not been convicted.

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JoeF Advanced Member

JoeF

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JoeF, I did not 'cyber-bully' her in any manner. She hasn't mentioned anything of such nature in her complaint either. She mentioned that she has important e-mails and other stuff but I truly haven't done anything to cause her inconvenience of any kind. 

 

Please let me know if this is going to be a serious issue at the time of visa interview since I have not been convicted.

 

You may not have bullied her, but this kind of unauthorized access may be considered cyber-bullying in several states in the US.

The laws regarding that have recently been updated in several states, due to several tragic cases where the victims committed suicide.

That's why I said that this kind of stuff can cause problems in the US. Every new such case usually results in the laws becoming stricter.

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