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Posts posted by sam3215

  1. On 3/19/2019 at 4:45 PM, sam337481 said:

    Hi, Everyone, I'm posting my complete experience. It may be helpful for people in the same situation.

    In cops string operation II was charged given a criminal citation ticket for patronizing prostitution. I was there at a parlor just for massage by it turned out to be a prostitution place. I was fingerprinted not arrested and given a court date.  I immediately hired an attorney went to court, my attorney got me a pre-trial diversion from DA office ( I need to attend a class and stay out of trouble for 6 months). I did not accept guilty or take any guilty plea in front of the judge. After six months my case got dismissed "NOLLE PROSEQUI BY PROSECUTOR". Later my employer had applied for H1B got approved, they did not ask anything about my case. I came to my home country for visa stamping

    VISA EXPERIENCE India consulate:

    ME: HI, office how are you doing today.

    OFFICER: I'm good so you here for your H1B 

    ME: yes.

    Officer: So is it your new h1b or extension

    ME: Told

    Officer: what is Your highest degree 

    me: Told

    Officer: How did you find this job

    ME: Told

    Officer:  Did anything happen while you are in the USA previously?

    ME: I explained the detail and even told that I was not convicted or guilty of that crime.

    OFFICER: Do you have any documentation

    ME: I have provided all the documentation.


    After some typing and verifying... she said your "Visa is approved" don't get into trouble here after


    Conclusion:  Be truthful in your ds-160 and at interview. Carry all your documentation.



    How long did it take for you to get the visa issued after the interview? wa your case in administrative processing for few weeks before the visa was issued?

  2. On 4/4/2019 at 1:50 AM, xTDx said:

    You will have to wait until the DOS does administrative processing in your case. The verbal approval means its good so far but they will review and verify the court docs and issue it.

    Still my visa application status is in Administrative processing. Its been One week + One day after the visa interview.

    April 2- Biometric

    April 3- Visa Interview. (Visa was approved verbally by VO).

    April 11th- Today ( Still in AP). No date change. Case created April 3rd.

    Any thoughts if the AP will be going on for few more weeks? Please help me -- Worried if there will be more delays.

  3. I hope this would help others in the same situation.


    My visa got approved today by the VO after the interview. I had a dismissed case related to solicit pros. CA in 2015.


    interview experience listed below:

    VO: How are you doing today? Give me your passport.

    Me: Good afternoon doing good. How are you? gave passport.

    VO: Who is your petitioner?

    Me: told.

    VO: Give me your I-797 approval.

    Me: gave.

    VO: What is your role?

    Me: told.

    VO: what is your salary?

    Me: told.

    VO: Which state/city are you working?

    Me: told.

    VO: Do you have kids and Are you married?

    Me: told.

    VO: Where you arrested? what happened?

    Me: told about the arrest and said the case was dismissed by DA.

    VO: Do you have the court documents?

    Me: Yes, I provided the court docs along with the Immigration attorney Memo letter.

    VO: Took print outs and was speaking to the Manager. Took 10-15 mins and come back asked for Any other documents i have ?

    Me: Gave Diversion certificate, DA office letter, Arrest citation.

    VO: Took copies of all documents. Typed some info in the system. (overall took 10-15 minutes wait).

    VO; came back and said visa is approved and gave  me a green slip saying the visa is approved and I asked how many days to receive the passport, the VO said 4-5 business days.

    I went and had a look at the CEAC website entered my case ID and interview location. but it says Administrative processing. 

    VO said Visa approved but the CEAC DOS website says Administrative processing. Not sure why its in AP even if visa was approved by the CO/VO during the interview.

    anybody has any thoughts?

  4. On 2/11/2019 at 7:42 PM, dsm0029 said:


    i got arrested in November 10 in CA for DUI, but DA did not file charges and dint go to court.I got the letter from DA stating that no charges are filled this time.So it is just a arrest and no case. I am going to H1B stamping in April. Could you please let me know the documents i need to get before leaving the country. 

    Since it just a arrest,will there be any court document ? All i had is just a letter from DA.


    Also do the police send you a letter of detention for the cases rejected by DA?

    Please let me know what are the documents i need to collect. ?


    get arrest report and DA letter for visa interview

  5. 5 hours ago, sonsheth said:


    I am charged with third degree shoplifting charge in NJ. After going to the court, the prosecutor told me that the charge will be amended to disorderly conduct and I will be entering into conditional dismissal program for disorderly conduct which is of 1 year which will end in Jan 2020. Now, since my H4 is expiring in June 2019, I will have to file my H4 extension now. However, since i am in conditional dismissal program means my case is open currently.

    1. Will my case being open, can I file my H4 extension now with USCIS ? Will it impact my extension as my case is still open and I do not have final court disposition letter?

    2. What all documents I should submit at the time for H4 extension as my case is pending?

    3. Since my parents stay in India and say due to emergency I will have to travel to my home country, can I travel with my conditional dismissal going on? If yes, what all documents should I take along with me since I would not be having final court disposition letter?

    4. Would you suggest to talk to the prosecutor and request for direct plead to disorderly conduct since I have to apply for my extension?

    Thank you so much for your help in advance.

    you have to submit arrest record or report and Court documents disposition document from court while travelling outside and for H4 extension.

  6. On 2/7/2019 at 12:30 PM, user1001 said:

    Charged with DV 4, H1B extention pending, I94 expired, no conviction, no guilty plea.

    With recent USCIS memo dated 6/26/2018 and 11/19/2018 regarding NTA, has anyone with similar situation gone through H1B extension process since Nov'18?

    What is the most probable outcome in this case? Approval or Denial?

    If denial, then what exactly happens? NTA is issued? You get to know online and can leave US immediately?

    Should person with such circumstances sell off home/car and be ready to leave at any instance?

    Immigration attorney's are not able to suggest anything as they say the memo is so new with no substantial history that no one can predict the outcome so resorting to asking similar situation guys their experiences.

    If not conviction you are safe but expect delays for visa/ green card processing,

  7. On 2/7/2019 at 11:35 PM, thephy said:

    Fingerprinted on the scene. Right thumb. It was a sting op in a hotel room. Everything was dealt with there, didn't even go to a station or handcuffed. In and out in 20 min.

    My attorney said that taking the course is not considered plea to guilty. Take the class and the charges will be dropped, hopefully before even going to the court system.

    Yes, I am aware of that I have to say yes to arrest questions in immigration processes.

    Thank you so much. Any other thoughts to share?

    I will update here when as things move forward.


  8. On 1/23/2019 at 5:47 PM, Pooja22 said:

    Hi all,

    I was charged for retail theft in 2015,(I forgot to pay for stuff less than $18).The charge was dismissed and amended;they asked me to work 16 hours of community service,6 months of court supervision.Currently I am on my STEM OPT working as a contract employee for MNC. My employer do not know about my arrest record.Whats the probability of me getting a full time position now.I have an interview scheduled, if it goes well what are all the problems that I have to face during my background check.Does anybody has the same situation??Any information is helpful.Because of this incident in my life I lost my confidence I do not know if can find a job or just go back to India.

    Thank you

    dont worry u are ok.. was ur case dismissed? carry certified court disposition, arrest report and immigration lawyer memo letter for the visa interview. you can contact me at century at tutanota dot com or Private message me here in this forum

  9. On 12/8/2018 at 5:19 PM, sam1988 said:

    Hello Guys ,

    New york police arrested me for soliction of prostituion charge six months back under pl 230.04.

    My lawyer reduced my charge to disorderly conduct under pl 240.20 which is non-criminal conviction and case is also sealed.I paid the court fees.

    Right now I dont have criminal conviction on me.

    My question How would effect my chance of h1b stamping and green card processing in future and also If I reenter USA again.

    Right now I am in my OPT.


    dont worry u are ok.. was ur case dismissed? carry certified court disposition, arrest report and immigration lawyer memo letter for the visa interview. you can contact me at century at tutanota dot com or Private message me here in this forum

  10. On 1/30/2019 at 3:52 PM, Roopa123 said:


    I am on H4EAD and my EAD is for renewal this for March 2019. I was caught on shoplifting case in 2017 and the case has been expunged. What are the chances of renewal and revoking? I did no provide any details of arrest to USCIS when I sent application for renewal.

    dont worry u are ok.. was ur case dismissed? carry certified court disposition, arrest report and immigration lawyer memo letter for the visa interview. you can contact Private message me here in this forum

  11. On 2/6/2019 at 12:22 AM, thephy said:

    So yea, I was stupid.

    I was involved in a situation that has been discussed quite a bit: cited for 647b, in San Francisco, I am on my H1b visa, 2nd year of it. Been in the US on various F visa for over 10 years. The officers gave me a ticket. They asked me to call a number with my case number for the John School, and then apply through the Clean Slate program to have my "record cleared".
    I did some research on my own, this is what I have come up so far. But still have some confusions when it comes to the John School.
    1. First and foremost, an arrest is an arrest. No matter if the case is dismissed or expunged at the end, it will show up on my immigration process every step of the way. I will have to disclose that in any future paperwork.
    2. Taking the John School and then getting it expunged will mean that I will have my arrest record sealed and a relative "clean" record, for future employment purposes (this also depends on the nature of job. Nothing LEO or government etc. for me)
    3. Even if I am to be convicted under 647b, it'd still be considered as petty offense exception in CIMT. From what I have read so far, I would not be inadmissible.
    4. I'd have to do some extra work to show that I have "improved" before my GC case gets reviewed, like volunteering work and stuff, to help my case. But based on my readings on this forum so far, the chances are good. Of course YMMV.
    Are 1, 2 and 4 correct? Not entirely sure about 3.
    The more pressing question is whether taking the diversion route like John School is a good idea. Is it gonna be considered a guilty plea? I am assuming I have not be charged so if I take it, what would be the legal status coming of it? Still not charged? Charged but dropped? Charged but case dismissed by court?
    I am talking to a criminal and immigrant attorney at this point. But I understand that when it comes to this kind of things, people may have different opinions about them. So I am asking for as many input and help as I can get.
    Thank you. Really appreciate any input here.

    where you fingerprinted in a police station after the arrest?

    You have to get the case dismissed some how Pre trial diversion classes is not considered a conviction for immigration purposes as long as you say NOT GUILTY. 

    You have to mention the arrest in the DS160 visa application and also for GC or citizenship.

  12. On 5/11/2015 at 1:44 PM, h1bshoplift said:



    I was caught shoplifting in california last week. the LP called the cops and i was given a "notice to appear" with instructions to get "pre-booked". I hired a lawyer and told him the details of my case. He suggested also looping in an immigration lawyer. i have a meeting set with the immigration lawyer and i wanted to know what questions I should be asking the lawyer. Are there any gotchas i need to be aware of?


    I have lived in the US for 11 years, without any run in with the law. i don't even have a speeding ticket prior to this. My biggest concern obviously is that i don't want this to affect my stay in this country. i have a family here and i would not know what to do if i'm not alowed to enter the country/deported.


    My second concern is about my career. again, prior to this incident, i was on track for a high profile role in my company. how will this affect my career and what can i do to minimize the impact?




    hii you can PM me. how did ur case go? did u travel after that?

  13. On 6/2/2018 at 9:05 AM, Denero said:

    Hi everyone pls provide your suggestions,

    1. Arrested(sting) for class B misdemeanor on Oct 3rd 2017. Got finger printed, stayed overnight in jail, came out on bail in the morning after transfering to county jail (ICE official verified for something).

    2. Got a lawyer and Started attending court, and going through evidence (audio and video) and police reports.

    3. lawyer said that it’s difiicult to win in trial with this case. And there was a new rule no to give Pre-trial intervention for this type of case.

    4. Consulted immigration lawyer, both criminal and immagration lawyer went though my case and suggested that I don’t come under removal proceedings as this case comes under petty offense exception. They suggested best outcome in current situation is to get Pre-Trial.

    5. After going through lot of documentation work and waiting for DA finally they gave option of Pre-Trial (1 yr probation and 40 hrs community work, decision making test) on March 19 2018.

    6. Lawyer said case will be open till next court date which is March 2019 after completion of pre-trial.

    7. Lawyer told that there is a chance to reduce the propagation time to 6 months.

    My passport expires on October 2018 and have visa till April 2019 so got i-94 till October 2018.

    Employee attorney asked for details for H1b extension.

    Does this case comes while going for H1B extension as my case is still open?

    if I file for passport renewal will I get only 1 yr extension?

    As I have visa till April 2019 is it best to travel India, get passport renewal there and get I-94 extended in POE in my current situation?

    how difficult is to go through POE.


    please suggest me the best option I could take.

    I private messaged you. No need to worry as you have petty offense exception.

  14. 3 hours ago, bondkumar said:

    I do not have copy of actual arrest and i can not get them either as the document is expunged as ordered by the judge. I just have the certified disposition and also a copy from police department saying the arrest record is expunged. Do they really push me for the copy of arrest which i cant get.??

    Also, I did not mention about speeding citations, do i need to bring them up ?

    the docs what you have should be enough..

  15. On 5/8/2018 at 10:23 PM, Maanny said:

    Hi Members,

    I got arrested last year for DV July'17 but my case was dismissed I didn't plead guilty. Prosecutor didn't file the charge because there was no probable cause as my case was no-billed. Case was disposed Oct'17. Now I've applied for OPT and I'm really scared if i'll get my opt or not. Can any one please tell me if i'll have any issues with my initial OPT approval. So far I've not received any email or phone call regarding visa revocation. I know sometimes we don't get such notifications.

    you are safe.. i don't think you will get RFE but better to have the court disposition document with you if ever they ask you to submit..


  16. 19 hours ago, 2018h1bextension said:

    Hello friends,

    I got a DUI conviction in 2017 (California) and completed all the required work. My employer filed for an extension in March and got an RFE .

    I have provided all the DUI documents to my lawyer when filing for the extension.

    I am FTE since 2014 with same employer and 6 years completed

    I found link talking about new law , is it true that with DUI extensions are getting denied?


    "USCIS is requesting a certified copy of the arrest report, as well as a certified copy of the final court disposition for the case. The court disposition should be obtained from the court where the actual hearing took place, and certified copies must include a court seal stamp. If you were granted diversion, provide court records which identify the charges and whether you plead guilty to the charge or admitted guilt prior to the diversion being granted."

    Any insight would be appreciated.



    you got RFE because you were convicted.. did you plead guilty? if case was dismissed you would'nt have got RFE

  17. On 5/4/2018 at 8:47 PM, bondkumar said:

    I have N 400 interview in few weeks. I had a solicitation charge from back in 2002. I please not guilty but found guilty. court supervision for 3 months. later expunged it in 2006. Mentioned arrest record for all the applications. Got GC in 2011. applied for citizenship in early 2017 and have an interview in few weeks. I know my case falls under petty offense exception as the actual sentence is 3 months supervision and the max sentence for that offense is 6 months so perfectly falls in petty offense exception.

    now my question is, do i really need an attorney with me for my interview? its not about money but wondering do i really need one . any response is appreciated as i have interview in exactly 20 days

    You may need an attorney and a memo letter. Also, they may ask the arrest report and court disposition document.