Chennai: H1B visa stamping with arrest record for DV.

[gunslingers]

I was arrested in June 2010 due to a false case filed by an ex girlfriend. We went to trial in the municipal court and the case was dismissed and I was found not guilty. The records were sealed and expunged. That said I was advised at the time by my immigration lawyer to check Yes on immigration forms to "if you have been arrested before". So i folllowed this in the DS160 applicationa nd put in a brief explanation. I am carrying original court dismissal papers with me and expungement papers

I am planning to travel to india to get my H1B visa stamped. The last time I was in India was when I was on my F1. Since graduating with my masters degree in July 2010, I have been working with the company since November 2010 that has applied for my petition.

What can I expect with regards to Visa Stamping at the Chennai consulate? I don't see too many people posting about stamping in Chennai or for that matter in Indian consulates. Can you please give me some direction on any preparation that I might have overlooked or might be beneficial to minimize risk of being given a 221G or an outright rejection.

Are there any statistics with respect to approvals or rejections at Chennai with the new procedures in place that came into effect late in september 2012?

My employer doesn't know about my arrest record since they don't need to know. But I have made them aware of a chance of being stuck in India for an extended duration just in case. There is a real chance of me being laid off if I am not able to make it back to work before May 15th. My interview is scheduled for the 2nd of April.

Any help or guidance is much appreciate.

[kumar13]

Hello If i were you I would go to Canada. If the case is dismissed with no fault/no guilty you should me good...Also It depends on type of case the person filed against you! Take opinions from lawyers and go from there.

Also there are immigration attorney's who can travel along with you and be with you during the interview to Canada..But they charge bit high. You feel safe and confident. Think about this option.

[gunslingers]

Hi,

THanks for your reply.

Going to Canada was my first option. But I haven't been home in over 3 years and so decided to club that together with my stamping.

Restraining order was challenged and defeated in trial. Following which case was dismissed and records were expunged.

THis is my first time stamping for H1B under masters quota. Carrying all relevant papers with me.

Too late for me to change appointment to Canada I suppose as I am already in Singapore.

[gouthamsworld]

Canada is Preferable.

Kumar13@US Embassy does not allow you to take an Attorney for the stamping.

[pontevecchio]

Please involve the same Lawyer and ask him to guide you accordingly.

[gunslingers]

@gouthamsworld..can you please give me a reason for suggesting canada over interview in India please?

If there is an overwhelming reason to go to Canada instead of doing my interview in India.. then I have two options:

1> Cancel my interview in India. DO my interview here in Singapore and hope for the best

2> Cancel my interview in india..finish my trip..schedule an appointment (probably not going to be able to find any avai;lable dates for April) acquire visa to travel to canada, get the stamping done and travel to US.

Do any of these options sound better than going to my interview in INdia?

[gouthamsworld]

@gunslingers

I did not know that you are in Singapore i was thinking you are in USA and suggesting Canada because even if they want to verify some information in your case its much faster when compared to India and when i went to Canada for stamping i met a guy who's case is similar to you and got stamped with out any trouble.

[gunslingers]

Hi gouthamsworld..yeah thanks for the reply.

I had my interview today at the chennai consulate.

I had a heart stopping moment but didn't show it, as the guy asked for my papers concerning the arrest. He made copies and handed them back to me and gave me the pamphlet announcing visa is approved and passport should be sent to me in a few days.

As they say, it ain't over till the fat lady sings..going to wait till I actually have my hands on my passport with the visa stamped!.

Thanks agian for the responses and support.

Cheers mate.

[kumartc1]

Hi gunslingers,

Congratulation on your successful stamping .

I have one questions

Are you working as Full time employee or EVC/EC?

Is this your fist H1B stamping

[gouthamsworld]

Your Welcome@gunSlingers and Gud Luck :)

[gunslingers]

@kumartc1.. Its my first stamping. Full time employee. No client per se. Work direct for the employer. master's quota

[ruthwik]

Hello Gunslingers,

I am also in the same boat my friend. Can you please help me in one thing, as you mentioned, after decaring 'yes' in DS160, you wrote some 'brief explanation', can you please generalize that (remove your personal details) and send to me at ********@yahoo.com? It would be great help, as you know the pain I am going through now.

Thanks