Arrest Record and need to go for Visa Stamping

[sammy12465]

Situation:  6 years of H1B expired. I-140 approved, another 3 years of H1B visa renewed and need to get that stamped. Unfortunately, I have an arrest record which has made me extremely worried.

 

Story:

I was arrested 4 years ago on the charges of sexual assault on a girl, it was completely false and I was only charged because I got drunk and knocked out on top of the girl  & was arrested in suspicion. Anyways, I hired a lawyer and my case was dismissed by DA(never got charged by DA) even before the arraignment and was never charged of anything and my case was dismissed. I dont have any other arrests.

I have following court documents -

-Letter from District attorney stating that my case was dismissed.

-DOJ rap sheet record which states arrest record but no charges/convictions

-Trying to get court disposition letter before I leave

 

Visa Stamping:

Its my first time going out of US after that incident and need to get visa stamping as well. (had visa stamped in 2011).

I am thinking about going to Mexico(instead of India) for visa stamping and if i face any issues I can withdraw my application and can come back to US via automatic revalidation rule(which says people on some non-immigrant visa statuses who visit Canada, Mexico or some adjacent islands close to the United States for a period of less than 30 days can re-enter the United States based on a valid I-94 even if their visa has expired).

 

Anyone had an experience getting visa stamping from Mexico on arrest record? I dont want to go to India and wait for 2-3 months of delays if i get 221(g) on background check.

 

[pontevecchio]

You cannot use AVR after applying for a H1 visa and then getting a denial. If the fact is that the case was dismissed with no rehabilitative  disposition or plea bargain and dismissed on merits you should have no problem getting the visa.

[sam3215]

I don't think you can go to Mexico if you have arrest record. You have to go to india and get visa stampingg. Get a immigration lawyer opinion letter and court disposition letter. You may get 221g but you can get visa stamped if you have immigration lawyer letter stating its not a crime involving moral turpitude.

WHat did police charge with u Felony or Misdemenaour?

[sam3215]

You will not get court dispositiondocument if you were not charged and had no arraignment. Letter from DA should be enough certified by court

[suffer.lifelong]

I am completely with you, you did a good job with the documents collection, you can explain to VO about that situation, 

 

but here 2 things play roles. are you permanent employee or consulting role? 

 

2) I am sorry what you mean by knock the girl, if you can explain a bit what happened, might be will post further on that. 

 

> got drunk and knocked out on top of the girl  & was arrested in suspicion. 

 

arrested for suspicion of what. 

[sammy12465]

@pontevecchio

Automation Revalidation rule - 

According to the rules...You can get back in USA even if your visa is expired, if you have the complete I-797 original including the bottom part(I-94) and you have traveled out of USA by road and is coming back within 30 days without attending the visa, so I think in my case I can withdraw my application and come back from Mexico & worry about applying for visa stamping from Indian in future when its really needed.

 

Yes my case was dismissed, I just don't want to deal with 221(g) and delays for now as long as I can wait and stay in US.

[sammy12465]

@century_new

 

I think you are right about court disposition letter as i wasnt charged by DA but I will try anyways if I can get anything from court, well it was sexual assault so it does come under CIMT but I wasnt charged, whats the point of getting a letter from immigration lawyer? any idea what should it say?

[sammy12465]

related - http://forum.murthy.com/index.php?/topic/50052-can-i-come-back-to-usa-if-i-get-221g/

[JoeF]

@pontevecchio

Automation Revalidation rule - 

According to the rules...You can get back in USA even if your visa is expired, if you have the complete I-797 original including the bottom part(I-94) and you have traveled out of USA by road and is coming back within 30 days without attending the visa, so I think in my case I can withdraw my application and come back from Mexico & worry about applying for visa stamping from Indian in future when its really needed..

 

No you can not. As soon as you show up in the consulate for stamping, you can no longer use AVR.

That is very well known.

If you have problems and want to withdraw the case while at the consulate, you will have to go to your home country. You can't come back to the US.

[suffer.lifelong]

No you can not. As soon as you show up in the consulate for stamping, you can no longer use AVR.

That is very well known.

If you have problems and want to withdraw the case while at the consulate, you will have to go to your home country. You can't come back to the US

Just to make sure all are in same page, mr Sammy do yourself and us also one favor and call the border protection force, just listen what they says, most of the forum people replies based on experience and it might vary from person to person. might be people might miss something some times, 

if a boarder person is allowing you in, then how it turn to be fraud entry I am not sure. Give a try, its better than sitting in our home countries. 

[sammy12465]

@JoeF

Thanks I think you are right, I will just go to India and make plans for any 1 or 2 month delays if I do get any 211(g) slip.

[sam3215]

If its CIMT whats the maximun punishment for this offense? Which state this happend?

Where u fingerprinted when u were booked?

[JoeF]

Just to make sure all are in same page, mr Sammy do yourself and us also one favor and call the border protection force, just listen what they says, most of the forum people replies based on experience and it might vary from person to person. might be people might miss something some times, 

if a boarder person is allowing you in, then how it turn to be fraud entry I am not sure. Give a try, its better than sitting in our home countries. 

 

How about YOU call a lawyer?

You will find that I am right.

Grow up.

[sammy12465]

Thanks yeah I did.. its definitely risky as you have to withdraw the application, and might have to go back to India.

So I will prefer going to India for visa stamping and make plans to stay for a month or two just in case.

[sam3215]

Thanks yeah I did.. its definitely risky as you have to withdraw the application, and might have to go back to India.

So I will prefer going to India for visa stamping and make plans to stay for a month or two just in case.

When are you going for stamping?? Didu manage to get court disposition doc?

Please keep in touch and update your visa interview experience so others inyour same situation has hope and relief thanks

[new2immi]

What happened to your visa stamping ?

[Neo0422]

On 8/25/2016 at 6:18 PM, sammy12465 said:

Thanks yeah I did.. its definitely risky as you have to withdraw the application, and might have to go back to India.

So I will prefer going to India for visa stamping and make plans to stay for a month or two just in case.

Whats the status of your stamping?