H1 stamping with Dismissed DV case (felony charge) questions


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Hi Guys,

I was charged in Aug 2020 with DV, when my ex called and accused me of aggravated assault( felony). She exaggerated the whole incident by saying that I threatened her life but in reality, we were just yelling at each other had a mean verbal fight and I didn't even get close to her. There was a broken lamp on the floor when the cops arrived and apart from the no physical injuries or property damage, once she realized that the situation was serious she recanted her statement before the cops.

I was still arrested and charged with aggravated assault as per the 911 call and I have denied all the allegations before the police.


I never plead guilty, no classes no PTI nothing.

In the end, the case was Dismissed without prejudice for lack of prosecution by the DA as the case was pretty weak to move forward with( My ex denied the allegations to the DA as it never happened).

I reviewed my case with top immigration and criminal defense attorneys both in NY and Mass and they said legally I should not have any issue with immigration in the USA. However, they are not sure about h1b stamping as the laws are different once you step out of the states and I am at the discretion of the VO.

 I never had any problem with extension and transfer either in the last 3 years.

Even in the police report both of us denied her initial allegations except for damaged property( a Small broken lamp).

It was a straight dismissal no plea deal or anything.

From the experts in this forum or people who are in a similar boat can you guys please share your stamping and POE experience? Should I take the chance to step out of the country and hope I get my visa stamped? Any feedback or suggestions would be greatly appreciated. 

I haven't seen my parents in 6 years and this is giving me a lot of anxiety please any response regarding this will help me a lot.




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