H1B Visa stamping with criminal record

ramamuthulla

By ramamuthulla,
in Criminal Issues

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ramamuthulla Newbie

ramamuthulla

Posted
Posted

I have criminal case of prostitution in 2012. I have been arrested at that time but no guilty and case has been dismissed in 2013. Recently I got my H1B approved 1st time and now I am planning to go to India in December. I have to go for stamping process. what should I tell them in interview when they ask questions related to this topic. 

 

Can someone please help me.?

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pontevecchio Advanced Member

pontevecchio

Posted
Posted

Neither does your answer help you or anybody else. The truth is the OP was arrested for an offense and as per his post was found NOT GUILTY. If this is the situation he is fine and needs to stick to facts alone which is the definition of the truth. If the OP had a rehabilitative disposition for his case he needs to get an Immigration Lawyer to discuss the whole episode before going for his visa.

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  • 5 weeks later...
jinder Member

jinder

Posted
Posted

I have criminal case of prostitution in 2012. I have been arrested at that time but no guilty and case has been dismissed in 2013. Recently I got my H1B approved 1st time and now I am planning to go to India in December. I have to go for stamping process. what should I tell them in interview when they ask questions related to this topic. 

 

Can someone please help me.?

The VO will ask you question as follows (after the usual visa questions) -

So what happened in 2012?

Just explain you were arrested for blah blah.....after blah blah....case was dismissed.

 

Practice your answer before you go. It helps.

Also there might be some people standing behind you at the counter. Just take a deep breath and explain away.

Don't forget to mention this in DS160 and take court papers etc.

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  • 1 month later...
imruined2 Member

imruined2

Posted
Posted

I am surprised your VISA application got rejected when you were found "Not Guilty"

 

Can you provide more details regarding your case resolution - which one of the following was it:

 

-prosecutor dropped the charges

-pre trial diversion, with no admission of guilt

-continuance for dismissal, with no admission of guilt

-stay of adjudication, with admission of guilt and case being dismissed after probation

 

 

Also, what did the VISA office ask you before deciding that you were inadmissible.

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  • 2 weeks later...
jinder Member

jinder

Posted
Posted

 

I got rejection because of "Section 212(a)(2) Crime Involving moral Turpitude (that is inadmissibility in United States)".
 
Can I get waiver for this crime so I can reappear for visa stamping.?
 
How much chances to get waiver.?
 
Can anyone help?

 

 

Surprising! How can it be a crime when the verdict is NOT Guilty. 

Can you give details.

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  • 10 months later...
Bestrong221 Advanced Member

Bestrong221

Posted
Posted

Hi ramamuthulla

Pls

Kindly share some details since this may effect other people decisions and life

1.how your case got dismissed

2 what did you answer in DS160

3.what did visa officer ask.which consulate

You ,how did you answer .

Didthey ask any documents ?did you provide them ?

4.were you given 221g ?or refusal at interview itself ?

Pls

Pls

Kindly

Share this

This will really help others

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Bestrong221 Advanced Member

Bestrong221

Posted
Posted

Thanks Rahul

In this case do you think as long as we are truthful with a dismissed case are we fine?i already had one successful stamping after arrest but just want to make sure again

My attorney also says i should be fine but since VIsa officers Sometimes seems can make their own decisions this all

Seems to be risky effort .we can fight later if it is wrong but that will take forever that's why

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rahul412 Advanced Member

rahul412

Posted
Posted

Thanks Rahul

In this case do you think as long as we are truthful with a dismissed case are we fine?i already had one successful stamping after arrest but just want to make sure again

My attorney also says i should be fine but since VIsa officers Sometimes seems can make their own decisions this all

Seems to be risky effort .we can fight later if it is wrong but that will take forever that's why

Not sure how dismissed case will effect your visa, but if your lie during the interview then it lead to rejection.

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GNH Advanced Member

GNH

Posted
Posted

They have access to the arrest documents at the click of a keyboard ... So obviously you have to tell the truth. If case is dismissed take documents , if not take documents for that case. There is no option of not telling the truth because they have access to your file !!

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Bestrong221 Advanced Member

Bestrong221

Posted
Posted

HI  ramamuthulla

 

pls shared your experience

 

1.what are your charges

2.whats the final disposition of your case

3.what did visa officer asked you

4. why visa denied

5.were you able to provide documents and got waiver/exception

6.how much time it took

 

pls pls shared your experience. this is vital for others

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