221g due to arrest

ashi123

By ashi123,
in Criminal Issues

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ashi123 Newbie

ashi123

Posted
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Hi,

 

I am writing on behalf of my BF. I am a citizen and he had been working in US on H1 visa. He got arrested last year 2015 because a stupid girl pressed charges on him for touching her purse.He off course had done that but she also claimed she had money missing, which is total BS. However after she pressed charges we couldn't reach out to her as things could have gotten worse plus our lawyer suggested the same.( All this is in the state of NY). Last month my BF went back to India for stamping ( stated all truth on his DS-160) and on 26th may he got 221g yellow slip and his case it under Admin processing. He has submitted all documents from the court that his records has been sealed and also got an email from attorney that his finger prints have been destroyed.

 

Can someone please help with approximate time that these people take to process these i know they mention 60 days. Any sooner that they process this ( he visited New Delhi Embassy ) 

 

Can i be of any help here in US ( meet a congress men and get a letter) want to be prepared in advance in case they reject his stamping.

 

Thanks in Advance

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ashi123 Newbie

ashi123

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He has not done anything and never stolen anything. He picked her purse as a courtesy given i was there i would have shown that girl what  a disgrace she was, he paid for the table. P.S i don't need your judgement  mdummy. He already got a lawyer who was able to bring down the charges to misdemeanor and also talked to immigration  attorney. They said he'd be fine as long as he has courts copy. 

 

Coming back to my question

 

1)Based on past experience has anyone faced denial due to this and how long did admin processing take.

2) What if i marry him and he applies for GC. How long would that take and would it be this tedious as well.

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ashi123 Newbie

ashi123

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His charges were of misdemeanor and the lawyer told us it is not CIMT. His case was dismissed and he also has given the  court disposition document. VO has kept his passport but also mentioned at this point his visa was neither rejected nor approved.It has almost been 2 weeks that this has happened.

 

How long would it take for him to get his GC if we marry. Is it even possible or the process is going to be painful??

 

P.S thanks for you reply century_new

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cap-gap Advanced Member

cap-gap

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it would take anywhere from a week to three months to clear that processing now..

 

and yes, unfortunately it would follow him not only at GC stage but at citizenship too and when he re-enters at POE too, almost every time...you seem to be supportive of him, hope this doesn't affect your choice of him..

 

OTOH, if the case is really what you say, you got an incompetent lawyer..he should've been able to get the case dismissed not convert it to a lesser charge..

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ashi123 Newbie

ashi123

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Thanks cap-gap

 

I do believe as well that the lawyer was not good enough to get his job done properly ( we was pretty reputed and pricey) and we fell for it.I would still be supportive and help him with his GC once he is back. Worst comes, i will move to India .

 

 

Thanks again and i will keep you updated as he gets his visa stamped.

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JoeF Advanced Member

JoeF

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I agree with cap-gap.

Either the lawyer looks incompetent, or there is something you are not telling us.

If there were no witnesses, it would be a he said-she said thing, and he would have been cleared of everything (in dubio pro reo; when in doubt, for the accused.)

And posting in public you have to expect judgement by other posters. If you don't want that, don't post on public forums.

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