Successful F1 stamping on OPT with misdemeanor conviction

[sharmaa12]

I wanted to post this as soon as I was able to get a successful stamping so that my experience can help others in a similar situation.

2012: Went to USA for my PhD

2015: Misdemeanor conviction for simple assault (deferred judgement which is a conviction for immigration, 1 year unsupervised probation) 

2016: Unsupervised probation ends

2018: PhD ends and I start my OPT

2019: Apply for STEM OPT extension and get it

2019 December: India visit and F1 renewal stamping on OPT

***I was scared because my program of study has ended and I am on OPT and on top of that the misdemeanor conviction. Mentioned everything on DS-160.

Biometrics: 2nd December 2019

Interview: 3rd December 2019, New Delhi.

VO: Hi, so what do you do?

Me: I am working as ______ in _____ university in Boston.

VO: I always get the kids with ______ university (she made a nice comment because I work in a top school in Boston)

Me: *just smiled*

VO: *looks confusedly at the screen* So what happened?

Me: What happened?

VO: *still looks confused*

Me: What happened with the arrest you mean?

VO: Yes

Me: I was in a verbal fight with _______ and when the cops came they thought I should be charged with simple assault.

VO: So its simple assault?

Me: Yes

VO: on a male or female?

Me: Female. It was back in 2015 and it has since been dismissed and expunged.

VO: So super dismissed haha if it was expunged.

Me: *did not laugh cuz I was still nervous* yes.

VO: *starts taking out a yellow slip* and tells me my passport looks damaged as well. She wrote "court docs and new passport" on the 221g yellow slip. She told me I need to submit court documents and a new passport with the yellow slip to the VAC center.

VO: Everything will be ok. So you're done with your Phd?

Me: Yes

VO: and this is your first stamping since 2012?

Me: Yes

VO: Have you applied for an H1B?

Me: I have no intentions to apply for an H1B.

VO: How much do you make now?

Me: $_______.

VO: ok submit the documents with a new passport as soon as possible.

-----------

I was able to get a new passport on December 19th and submitted it to the VAC along with the yellow slip and court docs showing dismissal and expungement of the case. I also attached my lawyer letter saying the case was dismissed.

Case created: 3rd December, Administrative Processing

20 th December: administrative processing, date updated because of  docs and passport submission.

31st December: I emailed the embassy with a letter from my employer mentioning my work is important for them and a list of my publications.

3rd Jan: Case in administrative processing, date gets updated.

6th Jan: Issued.

So it took basically 4 weeks ish, major delay was cuz I had to get a new passport. From 20th december to 6th Jan, the case got updated and issued.

My advise: Don't lie on DS160, Don't try to be smart and say something did not happen, don't misrepresent any facts but also don't go in the details, carry certified court documents that show how the case was handled at the end. Don't let the conviction be the sole topic of the interview, also try and tell them why you need to go back, why you're valuable.

You can PM me if you have any questions, hope this helps anyone/someone.

Thanks!

[112407]

I'm in the same boat with similar misdemeanor charges. I have submitted my documents on Oct 16th but I haven’t received any update since then and no change in the online portal as well. The only mistake I have done is I have submitted my documents in Hyderabad while I attended my initial interview at Mumbai consulate. Do you suggest anything ?

[sharmaa12]

Is yours F1 as well? Cuz I know for H1B they might contact the employers and stuff (not for the charges, but to verify employment and stuff). 

Because if you gave them the final certified court docs showing the case was dismissed, it shouldn't take this long. The charge was not a CIMT, right?

Have you reached out to them since Oct? If not, I would definitely do that.

[112407]

On 1/8/2020 at 8:06 PM, sharmaa12 said:

Is yours F1 as well? Cuz I know for H1B they might contact the employers and stuff (not for the charges, but to verify employment and stuff). 

Because if you gave them the final certified court docs showing the case was dismissed, it shouldn't take this long. The charge was not a CIMT, right?

Have you reached out to them since Oct? If not, I would definitely do that.

When this incident happened I am on F1 and I came for my initial H1b stamping. I have given them court-certified documents and charges are not CIMT. 

I have reached out to them thrice and no proper response on my case, they just asked to wait for 180 days for any update. 

 

 

[sharmaa12]

I have generally heard that the first H1B stamping after F1 can take some time because of employment verification and stuff (thats mostly what I have read on the forums, not sure).

And maybe since this is your first stamping after the incident it might take some time on that front as well.

Waiting since Oct is so bizarre though, since its Jan now. 

Maybe you could reach out to a congressman or someone that could contact the embassy, perhaps your attorney?

[sharmaa12]

Update: At POE: I was sent for secondary inspection in a room. There were about 15-20 people waiting in the room because of various reasons like missing I-20s for F1 students, more questioning, arrest etc.

After waiting for 15 mins I was called to a desk. The officer asked about the arrest. I told him I disclosed everything on my visa application. 

He replied that he can see that on his notes. He then said he is gonna write some stuff for other officers reference in the future, saying that the case has been dismissed, I have disclosed it honestly during visa applications and at POE etc.

He then stamped my passport. 

Overall took like 15 more mins because the officer was talking about alot of stuff not related to the arrest but general conversations. He was friendly.

Took like 30 mins total.