H1B stamping after DV arrest & Dismissal


DeltaOne_Trade

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Hi All,

I was arrested on charges of DV against my ex-gf (live-in) in Oct 2014. The charges filed were 1. A&B on household member. 2. Strangulation. The police report painted a very biased picture ( as usually the case in such scenarios for men). Both charges were dismissed without proof called "Failure to prosecute" in June 2015.

I came to India in Dec 2015 for H1B stamping in New Delhi. The VO asked about the arrest mentioned in my DS160. I explained briefly what had happened and gave him certified copy of my court docket. My visa was approved after 12 days of Admin. Processing. Came to India again in end Feb 2017. VO asked for the court documents. I gave her the certified docket which had the dismissal. However, she refused my visa on the spot, asked me for Order of Dismissal, police report and court transcript, asked me to re-appear for interview. She was quite rude and unprofessional to say the least ( this is my 10th year in US and i have had many stamping done before). Anyways, I re-appeared for my interview on 10th March. My lawyer got an order of dismissal signed by the judge (which essentially is a worded version of the docket I had). While at interview, I was asked to meet the same lady ( she had mentioned something on my application so the other VO transferred me to her counter). I gave her all the docs she had requested. She reprimanded me for few minutes, went a bit overhead in my opinion (as if all Indians are wife-beaters ??), threatened me that she would make me inadmissible in US,etc,etc, Obviously got a 221g . On 27th March, I got my passport back with another yellow slip, asking me to submit panel physician report.  I submitted panel physician report ( Max takes 5 business days in Delhi) along with same court docs and PPT on 3rd April. My case is pending till then, A.P showing date of 03-10. The embassy has confirmed that they have my docs. Has anyone been through any similar experience ?

How long does it take from submission of physician report till I hear back anything from embassy ? I sent them email and I got generic 221g response.  What else they could be checking. I already had a stamping done before ( same case, same employer, only that my I-140 is now approved). It has been such a frustrating experience. What else can I do ? DOS does not have any update either and says your case is with the embassy. Any help or suggestions would be really appreciated ?

 

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Hi Folks,

Really looking for some help/suggestions here. My questions are

1. How long would it usually take for VO to go through my reports and adjudicate my case

2. Is there any way to expedite the case? What kind of bg check takes multiple weeks. Shouldn't it just be a few minutes job.

3. What can I do in future regarding my dismissal so that I don't have to face the same immigration hassle ( Court has already dismissed the case, there should be nothing left, right?)

Thanks

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Thanks @pontevecchio. I will try my best to dig deeper once I can be back in US. Meanwhile, I have a confusing update.

1. Since yesterday or so, at the cgi federal, it says Document Delivery Information: with empty link. last time I checked it had something like passport is with embassy.

2. Through email to ustraveldocs, I get a response "There is no status update available for the passport number submitted." I double checked, i am entering my valid ppt no. On the webpage, still says PPT is with embassy. (http://www.ustraveldocs.com/in/in-niv-passporttrack.asp) 

3. CEAC still says Admin Processing with last update date of 10th march ?

Does anyone have experience with such a scenario.

Thanks

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10 hours ago, DeltaOne_Trade said:

Thanks @pontevecchio. I will try my best to dig deeper once I can be back in US. Meanwhile, I have a confusing update.

1. Since yesterday or so, at the cgi federal, it says Document Delivery Information: with empty link. last time I checked it had something like passport is with embassy.

2. Through email to ustraveldocs, I get a response "There is no status update available for the passport number submitted." I double checked, i am entering my valid ppt no. On the webpage, still says PPT is with embassy. (http://www.ustraveldocs.com/in/in-niv-passporttrack.asp) 

3. CEAC still says Admin Processing with last update date of 10th march ?

Does anyone have experience with such a scenario.

Thanks

Don't get worried. You will get your visa. Processing times vary depending on the workload. You may get an answer in a week or two.

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Hi folks,

Today, the CEAC website that shows the visa status is still showing "Administrative Processing" but the case last updated is 19th April 2017. Any ideas as if they are really working on it or just a routine update ( First  was10th March, date of interview to April 19th ). Is this a good sign or a generic update ? 

Thanks for the input.

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3 hours ago, DeltaOne_Trade said:

Hi folks,

Today, the CEAC website that shows the visa status is still showing "Administrative Processing" but the case last updated is 19th April 2017. Any ideas as if they are really working on it or just a routine update ( First  was10th March, date of interview to April 19th ). Is this a good sign or a generic update ? 

Thanks for the input.

This is a Good sign I believe from what all thread I have looked into in the Past. This is only updated when somebody updates a field in your application. Even I got one update dated 17th April for the first time after my interview. I am also in the same boat.

 

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@shekar11# Thank you for encouraging words. My last 221g case update came on 19th April. I was expecting something this week but no updates so far. Do you know what might be going on with my application that takes so much time. They had ample time to do all kinds of b.g check ( from 10th March-24th march and Since 5th April-), POE check, etc.

@Kites Thank you ! Please keep us posted with your case as well. Great that you got an update as well.

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Today, I see on CEAC website, the Status is "Issued" as of 25th April 2017. Will wait for ppt and update all of you. Here is time line

1. 28the Feb:- Refused visa on the spot, weird VO, refuting my court docs which had attested original dispositions, refuting her own colleagues who had issued me visa before with same docs. 2. TENTH March:- Appeared for Interview again, was referred to see the same egomaniac VO, yelled at me for more than 5 mins, reading out aloud the police report, smirking and making mockery ( who trains these V.O's ??, very very polite and professional). I remained silent in utter disbelief. That might have stroked her ego. 3. TWENTYFIFTH March. got another 221(g). asking to submit my medical report. 4. 5th April: Submitted again all the docs and panel physician report with ppt. 5. Got update on 19th April 6. Got the case issued on 25th. Some folks will be biased just because you have been arrested but if you have your case dismissed, they will most likely issue visa. 

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On 4/25/2017 at 7:59 AM, DeltaOne_Trade said:

Today, I see on CEAC website, the Status is "Issued" as of 25th April 2017. Will wait for ppt and update all of you. Here is time line

1. 28the Feb:- Refused visa on the spot, weird VO, refuting my court docs which had attested original dispositions, refuting her own colleagues who had issued me visa before with same docs. 2. TENTH March:- Appeared for Interview again, was referred to see the same egomaniac VO, yelled at me for more than 5 mins, reading out aloud the police report, smirking and making mockery ( who trains these V.O's ??, very very polite and professional). I remained silent in utter disbelief. That might have stroked her ego. 3. TWENTYFIFTH March. got another 221(g). asking to submit my medical report. 4. 5th April: Submitted again all the docs and panel physician report with ppt. 5. Got update on 19th April 6. Got the case issued on 25th. Some folks will be biased just because you have been arrested but if you have your case dismissed, they will most likely issue visa. 

congratulations! and thanks for updating here. I have a question. You mentioned that 'VO asked me for Order of Dismissal, police report and court transcript, asked me to re-appear for interview.'

How did you obtain order of dismissal and police report when you were in India? I think for police report, we need to be presence in usa.

I am asking because I have a conviction for fare evasion ticket 7 yrs back. No arrest, no fingerprinting. It was just $70 ticket. But I think i need to mention on DS 160. So wondering what all documents I may need to carry for visa stamping in Mumbai. I have court disposition letter. 

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  • 1 month later...

Hi Guys,

I am sailing in same ship but with different scenarios. I came to India with approval over my extension and to get my H1-B Visa stamping but unfortunately stuck in Administrative Processing with White slip. Now, this is my 3rd week from any update except I can see a change in status to 'Document Delivery Information'. Can anyone of you share your experiences in case had same situation and status. I am little worries what would be the next thing going to happened as there is no update since the submission of my Passport and requested documents to US Embassy.

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  • 3 months later...
On 25/04/2017 at 5:29 PM, DeltaOne_Trade said:

Today, I see on CEAC website, the Status is "Issued" as of 25th April 2017. Will wait for ppt and update all of you. Here is time line

1. 28the Feb:- Refused visa on the spot, weird VO, refuting my court docs which had attested original dispositions, refuting her own colleagues who had issued me visa before with same docs. 2. TENTH March:- Appeared for Interview again, was referred to see the same egomaniac VO, yelled at me for more than 5 mins, reading out aloud the police report, smirking and making mockery ( who trains these V.O's ??, very very polite and professional). I remained silent in utter disbelief. That might have stroked her ego. 3. TWENTYFIFTH March. got another 221(g). asking to submit my medical report. 4. 5th April: Submitted again all the docs and panel physician report with ppt. 5. Got update on 19th April 6. Got the case issued on 25th. Some folks will be biased just because you have been arrested but if you have your case dismissed, they will most likely issue visa. 

Hi Delta,

 

Congrats on the visa.

 

I'll be grateful if you can help me with something - 

 

What was the status on ceac and passport tracker when you got the passport back with another slip??

 

How did you know that you were getting the passport back?

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  • 1 month later...
On 6/8/2017 at 8:58 PM, erca said:

Hi Guys,

I am sailing in same ship but with different scenarios. I came to India with approval over my extension and to get my H1-B Visa stamping but unfortunately stuck in Administrative Processing with White slip. Now, this is my 3rd week from any update except I can see a change in status to 'Document Delivery Information'. Can anyone of you share your experiences in case had same situation and status. I am little worries what would be the next thing going to happened as there is no update since the submission of my Passport and requested documents to US Embassy.

Hi @erca, any update on your case? did you get your visa? can you please provide some timeline. Also, why did you get stuck in admin processing - any arrest or conviction?

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