221g H-1B Stamping from Canada

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I went for initial H-1B visa stamping in Canada and stuck due to Administrative Processing since Feb 2nd, 2023. I have prior arrest record for domestic violence case in the US. I was charged with second degree assault, disorderly conduct, and false imprisonment in Maryland over 10 years ago. All of these charges were dismissed by Judge with final disposition of Nolle Prosequi. There was No Plea guilty or fine or restrictions were imposed by judge. However, the judge gave a stet initially for 6 months and then dismissed the charges. I have few questions.

  1. Since the embassy wants to wait for 180 days, What can I do?
  2. Does these charges falls into CIMT as per immigration law?
  3. What are the chances of approval?


Please advise.

Edited by EngineerMD
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You should have the court disposition documents reviewed by an immigration attorney to determine whether you are inadmissible but if the embassy asked you to wait 180 days, that may be an indication that they have determined you are ineligible but you can apply for a nonimmigrant waiver later on.

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@Attorney_20 The 180 wait is standard time for administrative process which they have posted on their website as well. My concern is if I can do anything other than waiting for long period. The court disposition documents does not say much other than charges filed and final outccome as Nolle Prosequi. Also, the waiver can be applied after they responds. Right?

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