H1b Revocation 221(i) after few days of arrest for Commercial Sex Offence

[smurthyv]

Hello Everyone ,

That was my bad day . 

I was charged for Commercial Sex offence (Felony B) in July and got arrested and released after  6 hours  on bond.

I got visa revocation email from us embassy new delhi in Aug .

"This email is to inform you that your U.S. visa has been revoked pursuant to section 221(i) of the Immigration and Nationality Act (INA) and is no longer a valid travel document. This revocation is effective immediately as of July , 2021, unless you are physically present in the United States at this time, in which case the revocation will become effective immediately upon your departure from the U.S. "

then I hired a criminal attorney to fight my case and as per the attorney he can bring my case down to Solicitation and Prostitution (Misdemeanor B) with 6 months Probation period .

Question : I am currently with I-140 approved , Will it impact to my I-485 application as my dates are current now ? 

Question : Can I apply I140 and I1485 from india ?

Question: Should I go to Mexico or India for stamping again while the case going on and come back ? Do they stamp my visa again (I already have valid stamping until 2023) .?

Question: What if I have to go back to home country for emergency reason as my father is not feeling well . Will i get visa ?

Question: Who is the best immigration attorney here to get help ?

Question: This is my first crime , any idea what to do .

Question : My kids are USA citizen and spouse is on H4.

Please help !!

 

 

[smurthyv]

I really appreciate your quick help and guidance on my case!!

[Rohu]

Better to contact an experienced immigration attorney. This sounds very serious. 

 

You can simply Google immigration attorney in your state and I would advice also look at their reviews before contacting them if money is an issue to you. I'd contact multiple immigration lawyers to understand the consequences. 

[pontevecchio]

You are on the forum of a well-known law firm. Make initial contact and take it from there. Do it soon and have the Immigration Lawyer discuss the plea with your criminal lawyer before the proceedings. Hopefully not federal charges? and only State.

[smurthyv]

Does anyone has experienced similar situation ? Please help here. Please answer my questions.

[smurthyv]

I discussed my case with the attorney and here is the response. So far they gave me Misdemeanor A , And as per the attorney :

Criminal Attorney:

The agreement that has been able to be negotiated has been to plead no contest to Patronizing Prostitutions an A misdemeanor. This would be served with 6 months of active probation and six months of unsupervised probation. All pursuant to T.C.A. §40-35-313, which allows for a conditional plea of guilt to be expunged at the end of the probationary period. No sex offender registry requirements. All the reporting will be done telephonically.

Immigration Attorney:

if it is determined to be a conviction for immigration purposes AND it is considered procurement, then you would need a 212(d)(3) waiver which has no form; it is just requested verbally at the visa interview.

It can be granted by the immigration officer at the interview or after on their computer (take a look at this link):

 

Question : Anyone face similar situation ? Can I get the stamping or I will get the denial ?

 

Please please help !

 

 

[smurthyv]

Is this considered conviction for immigration purpose ?

[wastedmylife]

Hi 

Did you spoke to immigration attorney as plead no contest means conviction as far i researched. Please double check and avoid conviction.

 

sorry  to hear about situation

[Rohu]

I believe no contest is conviction as per immigration. I would advice get in touch with an experienced immigration lawyer to understand the consequences. If the case is still going on then try to get both criminal and immigration lawyer together to find out the best outcome for your case. 

Keep us updated. There could be  many on the same boat. 

[smurthyv]

Thanks @wastedmylife @Rohu ,                                                                                                                                                                                     Today my case is closed with Disposition: 40-35-313-judgment deferred-no conviction  with 6 months telephonic probation . Guys , I need your support this time . My father back in india undergoing with Stage4 cancer treatment . He doesn't have much time of his life and in this critical situation i need to go back to india to spend some time with him .  My kids are us citizen and my wife is on H4 . Judge has approved travel to india with telephonic probation . Will I be able to come back if I leave the country ?  Please help !  If I go out then i have to go for Visa Stamping . Please help !! you are my last hope . 

Edited January 6, 2022 by smurthyv

[smurthyv]

Can you please share your e--mail so that I can get help . Please . 

[Rohu]

I have messaged you. 

[wastedmylife]

Hi

I would say try to avoid gong to India, as you have a misdemeanor conviction that can put in trouble while reentering.

 Get consultation with immigration attorney before making any travel plans.

 

 

r

[wastedmylife]

Did you returned back to US? How was the Visa stamping?

[Somaan]

On 1/5/2022 at 10:06 PM, smurthyv said:

Thanks @wastedmylife @Rohu ,                                                                                                                                                                                     Today my case is closed with Disposition: 40-35-313-judgment deferred-no conviction  with 6 months telephonic probation . Guys , I need your support this time . My father back in india undergoing with Stage4 cancer treatment . He doesn't have much time of his life and in this critical situation i need to go back to india to spend some time with him .  My kids are us citizen and my wife is on H4 . Judge has approved travel to india with telephonic probation . Will I be able to come back if I leave the country ?  Please help !  If I go out then i have to go for Visa Stamping . Please help !! you are my last hope . 

Hi Murthy

how can I contact you 

[Somaan]

Hi SMurthy

I am experiencing the same and how can i contact you