H1B Stamping with Arrest Record Mumbai (renewal)

[H1BstampingMumbai]

I would like to share my experience for H1B stamping with arrest record from the Mumbai embassy. There are very few posts on these types of cases and My sole purpose is to help other community members who have to go thru this to get clear picture of the process.  

 

My Case:

h1B Renewal. Already had my 797. I needed to get the stamping H1B done from Mumbai. I was arrested in US for Domestic issue. I fought in the US court and the case was dismissed. There was no plea bargain nothing. Please note no contest is considered as guilty for immigration purposes. For me it was a class a misdemeanors and a CIMT so if found guilty I would have been inadmissible to the US for up to 5 years. I got my case dismissed which has no effect on my visa status or stamping experience. However the US embassy can ask questions on the arrest and documentation indirectly delaying the process or put the visa app in 221G.They can technically block the app for almost 6 months and its difficult to fight legally.

 

My experience:

I applied via Drop Box.  Withing 3 days, I got the passport back and was called for an interview. During the interview, the visa office asked why did you come, why didnt you apply for dropbox? I replied becuase I was asked to...

 

Then he saw well you have an arrest record, what was the arrest about:

me: I was arrested on suspicion of domestic issue

 

VO: oh, were you convicted?

Me: No

 

He goes in the back to check something, and comes back asking me for court certified copies of the dismissal. I give him the copy

 

He asks me for few basic question salary, kids etc.

VO: Your visa is approved, unless we find more arrest records. You should get your passport in 3-5 business days.

 

I was happy and was at my home.  I didn't receive the passport for  5 days. I followed up with them and pushed them (Call the consulate call center). Finally after 7 days thenyapproved it and I got my passport back the next ay.

 

 

I hope the above helps, but remember if you have an arrest record, please declare on ds 156. Please bring the court certified copies. Always consult an attorney before stamping. It costs only $100 bucks odd. Ensure you are clear for stamping.

 

 

Good Luck!

 

[pingpong]

Thanks for sharing info. As always for anyone reading this info. Please be honest with VO. They are in the best position to review your case. We may not know what kind of tools are at their disposal. but they are well equipped with all the facts regarding your case. Any lies will not only affect your current application but also of those in the future.

[Bestrong221]

Hi

I am also in same boat .can you pls Pls help me pls

1.when you got passport returned and asked to come for interview did you have to choose visa interview dates theough website again ?or did they give date as per out wish ?

I already got stamped once after arrest

I am also eligible for Dropbox so not sure with arrest record it's good idea to use or it will cause further delays

Pls advise

[ppatel22]

Hi

I am also in same boat .can you pls Pls help me pls

1.when you got passport returned and asked to come for interview did you have to choose visa interview dates theough website again ?or did they give date as per out wish ?

I already got stamped once after arrest

I am also eligible for Dropbox so not sure with arrest record it's good idea to use or it will cause further delays

Pls advise

Hi Beststrong221 - Pls share your stamping experience after arrest as I am in the same boat. I was arrested for Dv 273.5a and convicted of PC 415(1) Disturbing the peace. I am going to stamp my h-1 renewal via dropbox in sept 2016. Pls pls elaborate your exp here. I am worried.

[ppatel22]

Hi all, I got my visa stamped in Mumbai...had dropbox..online status showed admin processing...however was called for interview after 3-5 business days....in the interview, VO asked a lot about what happened...why arrested...took my docs from court and lawyers memo which mentioned that PC 415 - disturbing the peace is not CIMT..... VO also took my 16 week class certificate as proof and warned me that this shud not happen again....got visa approved online after 5-7 business online saying "Issued". The POE took nearly 1.5 hours to let me in USA.....my wife was along with me, however, the CBP officers were checking if there was a restraining order in our case...there was no restraining order in our case and we stayed all together under peaceful contact... Hope this helps!