H1-Stamping after extension and DS-160 security questions


khandoba1986

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Hi

I have got my H1-B exxtension approved, however i had faced some legal issue during the RFE period of my H1-B extension.

Last year i was travelling from Rochester airport to New York and was stuck with some legal issues. Here are the details.

a) When i was travelling my visa was on extension and went on RFE.

b) I was interrogated at the Rochester airport and later at the border police station. They thought i am staying with invalid status which i was not because i was on RFE and withing 240 days of H1-Extension period. however they did not had that knowledge and as last I had two option a) to get deported and b) Allow the Border police to file a case against me. I opted for the second

one

c) A case was filed against me in immigration court, i was asked to wait for the hearing date from the immigration court.

d) My attorney did some legal documentation to defend my case.

e) On Aug-5 -2012 i received a letter from UNITED STATES DEPARTMENT OF JUSTICE saying that Immigration Judge has reviewed the motion to terminate my matter which my attorney filed with the

court. It was confirmed from the attorney as well that my court matters is completely terminated without any Immigration Court proceedings pending against me. So i got a clean chit. (I was always clean its just that the case was terminated successfully)

f) I am going on leave in Last week of July to visit INDIA. I have to go for H1-B Visa stamping and need to take an appointment for the same, which required filling up DS-160 form. Here are the main concerns.

There are couple of Security related question which i have to answer. Below are the exact questions from the DS-160 form.

Question in DS-160 a) Have you ever been the subject of a removal or deportation hearing? Yes / NO. If Yes then explain.

My Question- Ye they filed a case so Should i say YES or NO, if yes then what explanation should i give to defend my case.

Question in DS-160- b) Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? Yes/ NO. If yes then explain

My Question - I was interrogated and border police took me to their station. Does that mean i was arrested. What explanation should i give?

My Question:- What are the chances of My visa getting rejected due a) IF i Say yes and give all the details and b) if i say NO to everything and don't give any of this info in my DS-160.

I appreciate detail explanation. I have just 1 month to sort this out. please advise.

Thanks.

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