Successful first H1B stamping and POE after a misdemeanor conviction.

[sharmaa12]

Hi Everyone,

This post is to pay it forward and give hope to people if you are losing your mind over a conviction, stamping and travel. 

See my previous post for the background and last stamping experience here: 

First H1B stamping in 2024:

I was dropbox eligible so I booked a dropbox appointment in Chennai, India.

Dropbox Submission, New Delhi: January 10 2024 (ONLY submitted what was asked, no court documents submitted)

CEAC status changed to Application Received: January 18 2024

Approved: January 22 2024

Issued: January 23 2024

Passport Picked up: January 25 2024

At POE: Sent for secondary inspection. Officer asked what happened in 2015? I replied "I had a simple misdemeanor in 2015 that eventually got dismissed and expunged. I have always truthfully disclosed it in two subsequent visa applications and all port of entries". The officer handed back my passport and said you're good to go. No court documents were asked at POE either.

HOPING this helps anyone wanting to visit family back home and is stressed about visa stamping and POE. BE TRUTHFUL, you WILL get the visa and entry. 

[Somaan]

hi Sharma 

Good and Happy to hear it

Mine is DV case and need much info or direction from you

Could you pls call me or ping me at  nine8zero 3threenine nine65five

 

Thanks

[sharmaa12]

hey! just message me here 

[Adagio53]

On 2/20/2024 at 3:27 PM, sharmaa12 said:

hey! just message me here 

Hi Sharma, 

I am currently in the process of applying for my OPT. I read through your previous posts and they are very insightful. 
 

I am currently on probation for assault or battery (2x misdemeanors for 2 roommates). My case is dismissed if I finish probation. But my concern is I have to apply for OPT now and the latest start date I can give is July 4. My probation will not be complete by this time. This is not a CIMT and I don’t become inadmissible according to INA as total sentence for 2 or more crimes is still less than 5 years. 
 

My main question here is, should I disclose this information in the Additional information section of the online OPT Application? Also any other insights would help. An immigration attorney I had spoken to said that F1 OPT doesn’t have any question about criminal/arrest in the I765 (paper version). The online version has this provision under additional information. I have no idea how to proceed 

[sharmaa12]

 I would NOT disclose any information on the OPT application, since it doesn't even ask for criminal arrests. When I was applying for OPT I asked the same question to my university's immigration office and they said NO.

[Adagio53]

Hi @sharmaa12 Thank you so much for your response. I have applied for OPT. I have a follow up question regarding job application background checks. Since my record is sealed and is bound to be dismissed, should I still answer YES to the "Have you ever been convicted of or plead guilty to or plead no context to a crime that was a felony or a misdemeanor?", or can I safely answer NO? because there is no criminal history after the case is dismissed. 

Once again thank you for your inputs.