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chackraj

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About chackraj

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  1. On November 2017 my wife and me charged by the local police for misdemeanor child abuse for leaving our children home alone for 25 minutes. What started off triggered a fusillade of events. We decided to consult a criminal lawyer for the case. He recommended a 30 hour pre-trial diversion and after completion will try to dismiss the case. We completed the course by end of March 2018 and the case was dismissed a week later. The record was expunged by July 2018. By then I had planned for going to India . The one lingering question on our minds was whether our H1-B visa would be stamped at the US consulate for us to come back to the US. We decided to consult a local immigration lawyer. Unfortunately the lawyer was still learning his trade and was not able to answer my questions completely. The only good piece of advice he gave was that I should carry all documents of the case for my stamping. The issue was getting more complicated because an immigration lawyer usually does not deal with criminal cases and vice versa. I spent at least a couple of hours on internet each day to see what is to be done. Finally ,I decided to consult Murthy via phone to get a second advice. The lawyer from Murthy advised me that while there is a fair chance that my visa might get rejected, the presence of a criminal record alone in my case should not be a cause for rejection at least for this time. At this point of time after two consulting sessions, I must say that the cost of each consult was expensive, but I had no choice but to spend money after having such a misfortune as a criminal case over my head. I went to India in Mar 2019 and finally the d-day arrived. I went to the consulate along with my family. The officer had a few simple questions on the nature of job and the position and the type of work that I was doing. When he moved to the page of DS-160 where my criminal records were mentioned, he started questioning me on the facts of the case. He asked me a specific question on my brush up with law enforcement. I said the following “Sir, me and wife were charged with misdemeanor child abuse for leaving our children home alone for 25 minutes. We did a pretrial diversion and the case was dismissed. The record was also expunged.”. On hearing this the officer gave me a blue slip saying asking for more information. I provided the information via email given. The officer retained our passports. I saw from some websites that the blue slip processing could take upto 6 weeks. So settled for the wait, however was pleasantly surprised when an email asking for passports to be collected came in 2 weeks. I was still apprehensive of the result, but was elated after my wife confirmed that the visa sticker was on the passports. I have been wanting to pen this for a couple of months now, however was procrastinating due a variety of factors. I also know that this is not the happily ever after ending for my story, but the start of a series of tiring and intensive challenges if I want to continue to stay in the US. Hopefully this gives some light for people who never willfully committed a crime, but were charged due to lack of knowledge of the law and who are in this country on a visa.
  2. chackraj

    Stamping advise H1b

    Would want to know on what is to be answered in such a case in DS-160 for the question "Were you ever arrested?" in the case of being provided a citation and not being arrested. I had the same experience last year with a Misdemeanor Child abuse case where I was provided a citation and after going through pre -trial diversion, the case was dismissed without a guilty plea or a plea agreement. The record is also expunged now. I had asked an attorney the same question and the answer was that I should mention the incident in DS-160, though technically I was not arrested. From the above sentence, it does not seem to be case. Can anyone please clarify?
  3. Thanks for sharing. Appreciate your help.
  4. Thanks Joef. I plan to be forthright about the citation to my attorney. However wanted to know if this citation will have a significant impact on the rejection/audit chances of my labor certification.
  5. Hi, Last November, I was provided with a citation for Misdemeanor child abuse. Long story short, the case was dismissed and the record was recently expunged. There was no conviction, no arrest and no probation only a citation was given. My employer wants to start the process of filing Labor certification for me. I have a few questions regarding that Is there anywhere in the ETA 9089 form that I should mention the criminal citation.? I dont see any specific questions regarding criminality in ETA 9089. Will the US Department of Labor be able to view my record similar to Immigration authorities at Port of entry even though it is expunged? Will this citation create any issues for my PERM processing? Thanks
  6. Hi, Last November, I was provided with a citation for Misdemeanor child abuse. Long story short, the case was dismissed and the record was recently expunged. There was no conviction, no arrest and no probation only a citation was given. My employer wants to start the process of filing Labor certification for me. I have a few questions regarding that Is there anywhere in the ETA 9089 form that I should mention the criminal citation.? I dont see any specific questions regarding criminality in ETA 9089. Will the US Department of Labor be able to view my record similar to Immigration authorities at Port of entry even though it is expunged? Will this citation create any issues for my PERM processing? Thanks
  7. chackraj

    H1B stamping experience with arrest record

    Hi, Would help if you can let us know on when you went for stamping. Given the progressive tightening of the visa processes, might help a lot of us.
  8. chackraj

    H1B stamping with a dismissed misdemeanor

    Thanks Natan. With regard to your assumption, my attorney said that he had an informal agreement with the DA, which is permitted in the courts of NC. My disposition does not say that we pleaded guilty nor the opposite. Thanks for the advice. Thanks
  9. Sorry, I had not seen your replies to this thread for some time. With regard to the 25 minutes, Police took it from the time they arrived at my home till the time my wife took to open the door of my home. I will PM you the background of the case.
  10. Hi, Last November, me and my wife given a citation for Misdemeanor Child Abuse by the police. The charge against us was that we had left our children home alone for a period of 25 mins. We hired an attorney and as per his recommendation we attended 25 hours of diversionary sessions. After completing the diversionary sessions the case was dismissed by the DA. We have applied for expungement of the record. The entire incident happened in the state of NC. I will have to go back to India now. My questions are Will this incident make me and my wife inadmissible to the US if we move out of US and try coming back? We were only provided a citation and no fingerprints were taken. What should I say in the DS-160 for the question, 'Were you ever arrested or convicted of an offense?' Is the citation equivalent of an arrest? Will the period between the provision of citation and the dismissal, be considered as a probationary period? I am pretty sure my stamping will go for further administrative processing and 221g will be given. What will be the documents I will have to provide for the 221g? Will the certificate of disposition of the case be sufficient? Will I also have to take a letter from my lawyer? Will we also need to apply for a rap sheet from the FBI? Any idea of the time taken for stamping in such cases
  11. Hi, I have a similar case where I was accused of misdemeanor child abuse in NC. The charge against me was that I left my children home alone for 25 min. While the class of misdemeanor in NC was A1, according to federal law it is a class B misdemeanor. I was asked to attend childcare classes and the case was dismissed. I did not admit any charges, but the dismissal statement said that the charge was dismissed because I attended childcare classes. I have filed for expungement of the record. Please let me know on the following Can this charge be considered as a CIMT? Will this charge make me inadmissible the next time I go to out of US and try to come back? I discussed this case with an immigration lawyer and his replies were non-committal and so asking the question in this forum. Thanks
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