off_bias Posted August 30, 2015 Report Share Posted August 30, 2015 Hi forum members, I took a conditional discharge + repleader deal - which means I plead guilty to a B misdemeanor but there is NO conviction record within the states (so my job applications are clean). A year later I plead again to a violation. B misdemeanor also has no inadmissibility issues although it is in immigration record. So for immigration purposes (when fingerprinting) I may have - - arrest record - conviction record Now if I get hired based on a clean background check and I go for stamping, will the VO at consulate decide to inform the employer? Should I explain to him that I have a conviction record only for immigration purposes and not in the US? Has anybody faced this situation? It is a scary prospect to lose employment offer due to visa interview. Thank you! Link to comment
JoeF Posted August 30, 2015 Report Share Posted August 30, 2015 They don't inform the employer, but you have to list this on the forms. Link to comment
century Posted August 30, 2015 Report Share Posted August 30, 2015 Off_bias: what was the class B misdeamanor? If you plead guilty in front of judge then it isa conviction for immigration. Was it theft or DUI? What was the second violation? Link to comment
jairichi Posted August 30, 2015 Report Share Posted August 30, 2015 VO will not be informing your employer. Don't you think they have better things to do. Link to comment
off_bias Posted August 31, 2015 Author Report Share Posted August 31, 2015 Off_bias: what was the class B misdeamanor? If you plead guilty in front of judge then it isa conviction for immigration. Was it theft or DUI? What was the second violation? Conditional discharge means I don't have a conviction, but for immigration purposes I do have a conviction. Theres no second charge. B misdemeanor sexual abuse in 3rd degree, which will reduce to a disorderly conduct after a year, which is a violation. So basically no criminal record after a year. VO will not be informing your employer. Don't you think they have better things to do. Hopefully. Link to comment
jairichi Posted August 31, 2015 Report Share Posted August 31, 2015 Conditional discharge means I don't have a conviction, but for immigration purposes I do have a conviction. Theres no second charge. B misdemeanor sexual abuse in 3rd degree, which will reduce to a disorderly conduct after a year, which is a violation. So basically no criminal record after a year. Hopefully. It is not hopefully. They will not. Link to comment
century Posted August 31, 2015 Report Share Posted August 31, 2015 Off_bias: since you have immigration conviction better not to leave the country for now unless you get green card.. If u go for visa stamping there will be delay to get visa stamped but dont know for how long.. Link to comment
off_bias Posted September 1, 2015 Author Report Share Posted September 1, 2015 It is not hopefully. They will not. jairichi, by VO I mean USCIS. if you apply for H1B job from outside US the background check is done by USCIS, not by employer. So I am wondering if the results of the background check will be forwarded to the employer (by USCIS). the unique situtation here is I have a conviction according to USCIS but no conviction registered inside US. hence the confusion, apprehension etc :) FBI obviously has my arrest record. Off_bias: since you have immigration conviction better not to leave the country for now unless you get green card.. If u go for visa stamping there will be delay to get visa stamped but dont know for how long.. century: The conviction is a petty offence and not cause for inadmissibility. Why do you think there will be delays? Link to comment
century Posted September 1, 2015 Report Share Posted September 1, 2015 Offbias: it solely depends on the visa officer.. He may or may not give visa we can cannot argue to him. There is petty offense exception but you need full written documents from your immigration attorney saying the facts about ur case and it will not affect ur visa renewal.. Carry certified court disposition docs which u get it from clerks court office.. Link to comment
jairichi Posted September 1, 2015 Report Share Posted September 1, 2015 jairichi, by VO I mean USCIS. if you apply for H1B job from outside US the background check is done by USCIS, not by employer. So I am wondering if the results of the background check will be forwarded to the employer (by USCIS). the unique situtation here is I have a conviction according to USCIS but no conviction registered inside US. hence the confusion, apprehension etc :) FBI obviously has my arrest record. century: The conviction is a petty offence and not cause for inadmissibility. Why do you think there will be delays? US consulate comes under DOS. US consulate nor USCIS will disclose it to your employer. Link to comment
century Posted September 14, 2015 Report Share Posted September 14, 2015 Offbias: any updates on your case and did you go for visa stamping? Email me and keep in touch : century at tutanota dot com Reply Link to comment
century Posted September 17, 2015 Report Share Posted September 17, 2015 Hey offbias: i hope you are reading the forum.. I hope you are ok.. When are you applying for visa stamping? Link to comment
off_bias Posted September 26, 2015 Author Report Share Posted September 26, 2015 Hey offbias: i hope you are reading the forum.. I hope you are ok.. When are you applying for visa stamping? Hey century and others, I'll be in touch thanks! Well I have the following : 1) court disposition from court clerk 2) court transcript mentioning discharge and reduction to violation 3) letter from immigration attorney (petty offence) Are those enough? Also the court disposition has a serious error, but I hope the court transcript will help to prove to correct that. Or maybe I will get another letter from my lawyer. Link to comment
century Posted September 28, 2015 Report Share Posted September 28, 2015 Off_bias: what did your immigration lawyer say? Did immi lawyer tell that the visa stamping and port of entry will not have any issues? When are you planning to go for visa stamping and which consulate? Link to comment
off_bias Posted September 29, 2015 Author Report Share Posted September 29, 2015 Off_bias: what did your immigration lawyer say? Did immi lawyer tell that the visa stamping and port of entry will not have any issues? When are you planning to go for visa stamping and which consulate? Hi! No did not get an appointment yet. But immigration lawyer said as per INA the rule is clear and there should be no issues. Link to comment
century Posted September 29, 2015 Report Share Posted September 29, 2015 Hi offbias when are u planning for visa stamping? Link to comment
century Posted October 1, 2015 Report Share Posted October 1, 2015 Email me and keep in touch: *************** dot com Link to comment
VSLILA Posted November 25, 2015 Report Share Posted November 25, 2015 Hello Century, Can you confirm whether the stamping is over for you? Link to comment
century Posted December 1, 2015 Report Share Posted December 1, 2015 I have not done stampingg of visa after thecase dismissal.. Link to comment
off_bias Posted March 18, 2016 Author Report Share Posted March 18, 2016 Hi all, so my visa interview is around the corner. I have immigration lawyer's letter, fbi check, court disposition etc for my US conviction. But will I be required to get police clearance certificate from India as well as I have been residing here past 7 months?? Link to comment
off_bias Posted March 29, 2016 Author Report Share Posted March 29, 2016 Hi all, the interview went well. VO took a look at the documents and said "Congrats, your visa is approved". I asked him if "there is anything else I should know?" He said "No". But I checked the CEAC status now and it says "administrative processing"?? I think if it were some administrative processing regarding the criminal case the officer would have let me know, right? Thanks Link to comment
pleaseforgive358 Posted April 5, 2016 Report Share Posted April 5, 2016 off_bias, thanks for all the info on your case. Any update from them after admin processing? Link to comment
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