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chris22

H1b 221g white slip misrepresentation on DS-160

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Hello Experts,

I had been arrested in 2015 for shoplifting and imposed with misdemeanor charges. This incident was occurred when am with couple of other students. One among them checkout items and came back and added few other items and went out without billing them. Since i was along with them they arrested me as well. Later on we hired an attorney and after 6 months my case was dismissed in the court and i was proven not guilty.

' After all this i had been approved with H1b and had to go to India. Since this is my 1st H1b i had to attend interview at the Consulate. Assuming that i was proven not guilty, i didn't mention that am convicted on my DS form'. (Which later on i realized that i made a mistake post interview).

Interviewer asked me details about my client employer and all and finally asked me if i was Convicted. I said yes and explained when and how it happened. She was not convinced and said  that i misrepresented under the law in DS Form and returned back my passport and gave me a 221g white slip with ADMINISTRATIVE PROCESSING. later on she asked me if i had any supporting documents for the arrest. Then i handed over my court dismissed documents and seal of my records (Expungement). Then a case number was given to me to track my status on line.

I came to India for a small trip and typically 221g cases may take long time for process. I have to lose my job if it takes long time

What are my options currently? Please advice

 

 

 

 

 

Edited by chris22

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8 hours ago, chris22 said:

1) Assuming that i was proven not guilty, i didn't mention that am convicted on my DS form'. (Which later on i realized that i made a mistake post interview).

2) Interviewer asked me details about my client employer and all and finally asked me if i was Convicted. I said yes and explained when and how it happened.

1) If your verdict was "Not guilty" ? Why would you "Assume" you are not guilty. You are not guilty, period.

2) You were not convicted, why say Yes ? This post tells me there is a confusion regarding "Conviction" vs "Verdict" . Please be aware, you are not convicted. Conviction is the verdict that is followed by the law to sentence a punishment.

I think your response and actual court documents created a conflict warranting "Admin Processing". 

The processing time really varies case by case basis and it can range ( no legal mention of such duration) from 30 to 180+ days

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If your case got dismissed means you were not convicted. Then why did you say yes when they asked if you were convicted?

Edited by sand136

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So you are telling us you do not know if you are convicted of a crime or were not guilty ? These two are two contradicting terms. Please clarify your question. DS-160 at the bare minimum asks for arrests and detentions. And as you were arrested , you should have mentioned it on DS-160.

With the current scrutiny and  admin processings going on along with theft being a crime of moral turpitude , you should have your homework done and figure out what it was you were charged with and what was the disposition. I would also highly suggest to consult an immigration attorney.

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It is nowadays easy to educate oneself about leg terms. Just enter the term into the search engine of your choice.

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