H1B Visa Stamping after Domestic Violence arrest record


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I was arrested in April 2011 due to a false case filed by my ex wife. We went to trial in the municipal court and the case was dismissed and I was found not guilty. I am planning to travel to india to get my H1B visa stamped. I have the questions below?

1. What should I answer in DS 160 for the question "Have you ever been arrested or convicted". Can I answer "no" as I wasnt convicted?

2. What are the implications if I answer "yes" to that question? Will I be denied H1B stamping. All my prior F1 and H1B stampings were done without an interview? Is there a likelihood that I will face issues during my stamping and rentry to United States?

3. What should my next step? Should I not take the risk of going to India for stamping until I have a green card issued? I already have my labor and I 140 approved. My priority date is August 2008 in EB2 category.

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You have a very interesting case. Let me start by answering your third question, if it's nothing important, I would suggest you avoid a trip to india, until u get your EAD and advanced payrol .

1. If you say yes to Arrest, there is new box that will be enabled on website, in that box you can write the reason for your arrest, explained that you got arrested but found not guilty by the court of law. but again I would suggest you to sit your immigration attorney or give him a call and ask this question,

2. Now regarding denying H1b, they can't just deny you a visa stamping for approved H1b visa from USCIS. All they can do is send a request to USCIS to revoke but that according to many blog post USCIS rejects most of the time. Worst they can do is put you in long administrative processing and then approve your visa.

Hope this is helpful.. Good Luck!!!!!!

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If u were arrested u will have to answer YES on the DS form. But also explain in details that the caase was dismissed and you were found not guilty.Carry all ur court documents with you, get a background check paper from your police dept. If u were found not guilty the back ground shud show nothing.

I was in a difft incident and was arrested, finger printed but was found not guilty. I have the court document, police back ground check showing no records, letter from Sheela Murthy (cost 3K) stating that facts and incident shud not get into immigration process (it is called research letter).

In all likelihood they might put it under 221g. Nothing serious. They cannot deny ur application.

My suggestion is talk to murthy and they will help u a lot. They have gone thru many cases like urs. Dont rely on info on forums in situations that involve dealing with law enforcement.

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If u were arrested u will have to answer YES on the DS form. But also explain in details that the caase was dismissed and you were found not guilty.Carry all ur court documents with you, get a background check paper from your police dept. If u were found not guilty the back ground shud show nothing.

I was in a difft incident and was arrested, finger printed but was found not guilty. I have the court document, police back ground check showing no records, letter from Sheela Murthy (cost 3K) stating that facts and incident shud not get into immigration process (it is called research letter).

In all likelihood they might put it under 221g. Nothing serious. They cannot deny ur application.

My suggestion is talk to murthy and they will help u a lot. They have gone thru many cases like urs. Dont rely on info on forums in situations that involve dealing with law enforcement.

Thanks for your reply. Can you share your personal email id with me where we can discuss more? I have few more questions.

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  • 3 months later...
  • 1 month later...
  • 2 months later...

Hi Arvind,

 

Please help me, I was arrested for domestic violence and hope to dismiss the case.

I m here on L1 status and going to india in DEC for stamping under the H1 status.

 

Can u please lmk wht did u metnion in D160, convicted or no? arrested or no?

Which city and state u are in?

 

Please reply soon, I am too worrried abotu this.

 

Thank you

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  • 3 weeks later...
  • 2 months later...

Hi All,

 

Please share you experiences.

Did you got ur VISA stamped?

What issues did you face?

 

Please share!!!

 

I live in San Jose,CA.I'm on H1 B and got arrested on DV 273.5(A) the night(nov,2013)got bailed the next day.I had an Attorney and he got the case dismissed by the DA even before the first court date.I have approved H1 B renewal. I'm going to India in Jan,2014 and get my H1B visa renewed.
As im with same employer and applying for same type of visa i will be eligible for the interview waiver program(only fingerprints and docs)
What documents related to the case do i need to carry as the case is already dismissed.
& what is the impact of this 1 night arrest on my H1visa & GC(approved I-140)?
As thr is NO conviction/trail/anything happened will i get visa without any issue?
Any issue during the POE?
Will this arrest appear in background check?For how long?How can i remove it? 
Plz help.
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Hi All,

 

Please share you experiences.

Did you got ur VISA stamped?

What issues did you face?

 

Please share!!!

 

I live in San Jose,CA.I'm on H1 B and got arrested on DV 273.5(A) the night(nov,2013)got bailed the next day.I had an Attorney and he got the case dismissed by the DA even before the first court date.I have approved H1 B renewal. I'm going to India in Jan,2014 and get my H1B visa renewed.
As im with same employer and applying for same type of visa i will be eligible for the interview waiver program(only fingerprints and docs)
What documents related to the case do i need to carry as the case is already dismissed.
& what is the impact of this 1 night arrest on my H1visa & GC(approved I-140)?
As thr is NO conviction/trail/anything happened will i get visa without any issue?
Any issue during the POE?
Will this arrest appear in background check?For how long?How can i remove it? 
Plz help.

 

 

I am stuck in Toronto since Oct 2 for H1B visa renewal due to DV arrest record. I too had no conviction and 1-140 approved. Your arrest record apprears in consulate and all background checks. They have put my visa on hold till everything is verified. 

 

My advice:

 

1. Meet an experienced immigration attorney and seek advice or hire ( expensive !!)

2. Carry all your court records (dismissal) and arrest records with you.

3. It is worthwhile to have FBI report

 

I hope that helps. However; it all depends in visa officer how he see things. You may be lucky to have visa without issue.

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  • 2 years later...

Hi

I am in Washington state. I am charged with domestic violence degree 4 charges  I already had couple of court dates The case is still undergoing motion hearing with readiness hearing set for the December. At this moment, Prosecutor has offered the SOC(stipulated order of continuance) with the condition to do DV classes for 1 year. I think the SOC will state that if I fulfill the terms for the year, they will dismiss the charges which means the police report won't be admissible.I am still negotiating the SOC terms from 1 year to 6 months and haven't signed anything.I am on H1B VISA and my VISA stamp is expired on passport. I have I-797 valid till July 2018. I am planning to go to India in the month of January, I want to know
1) Can I do VISA stamping in India ? Can the consulate officer deny my VISA or put me on AP ?
2) Can I return back to USA ?

Appreciate any reply who have faced similar situation, I know its very much stressful.

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  • 1 year later...
On 5/15/2013 at 7:59 PM, arvindsrini said:

Got my visa stamped successfully. There were no questions asked regarding the arrest. They just verified my salary and asked me why I changed my employer. I got the visa issued in 2 days.

I am also in same boat, can you share your email to get some guidance on this?

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