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chackraj

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Everything posted by chackraj

  1. Thanks for sharing. Appreciate your help.
  2. 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.
  3. 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
  4. 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
  5. 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.
  6. 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
  7. 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
  8. 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.
  9. 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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