Dismissed Domestic Violence Case - Impact on New H1-B Filing


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I got into unfortunate incident in my life due to small irrelevant argument with my spouse and neighbors called Cops.I am arrested , finger printed.But now, I got my case is dismissed by district Attorney  with Good Cause shown.I am on  F1-OPT and my company filed my H1-B.I do know that new H1-B application(I-129) does not have any question about Arrests etc.Now can someone , who have been this kind of situation , advise me the documents I need to collect and keep it handy for all future Immigration purposes.Will USCIS sends a RFE  prior to my H1-B approval if it is selected in lottery?

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Your extension will be fine. You only have to worry about visa stamping. Have all dismissal, court disposition record and most important is police report which describes what happened that day. You WILL be asked about it, they will give 221g and then verify all details with FBI finger print background check.

what was your charge ? Which state ? If it falls under a CIMT, then don't go for stamping, consular has power to mark you inadmissible even though you are not convicted or anything. Of course, for GC you have to prove you are admissible so this will come back to you later anyways.

Conviction to consular means not only in court but even if you admitted to the crime in anyway, you are out. Consular and border protection agents have lots of discretionary powers and they are very important for national security.

In California DV charges are of 3 types - starts with a domestic battery, then aggravated assault, then spousal abuse. The last 2 are Crime involving moral turpitude (CIMT) based on law statues. There is a corporal injury to spouse charge as well, it's equally dangerous.

Best is to take help of good criminal and immigration attorney before traveling. Expect a 221g for sure.

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@sohelas -

I am in Ohio,I saw your other post mentioning you got 221g because of Domestic battery,Can you share your Visa Stamping Experience.What did they ask you for? How long it go for? how to do I know mine is CIMT, I consulted one Immigration Attorney but he did not give me much information other asking me to keep the certified copies of the police report,charges and court disposition.I wish you get your Visa soon.

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On my first interview they did not ask any particular document, but asked to explain what happened during encounter with law enforcement. I explained what happened and gave the documents that I had at that time (Court Minutes and DA letter which said no case has been filed). Later VO asked whether charges have been filed or no. Some regular questions related to employment. That's it and then gave 221g, 10 mins interview

Let's see what they ask in second interview.

You must research the definition of charges, but I think since your case has been dismissed you may be alright. FAM (foreign affairs manual) is a VO bible which gives broad categories of crimes that are CIMT and the ones that are not. Check it out.

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If your charges is a Single CIMT with punishment less than 1 year and less than 6 months jail term in your State then there is an petty offense exception: that is you will be excused for one CIMT crime even if you admit outside court or if convicted in court.

Get the immigration lawyer to write memorandum of law letter.

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So I went to my second interview and got another 221g with Medical examination requested. VO did not ask a single question, just read on the screen for about a minute, and said have u been referred to our panel physicians ? And then gave me instruction sheet.

I am confused, mine is not a DUI case, yet they are asking medical examination ??

Also, there is instruction to drop passport 5 days after medical examination...hopefully will come back stamped, but haven't asked for my wife's passport... Don't know how long this will be dragged.

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Case Dates:

3/23 : Dropbox submission

3/28: Status changed to AP

3/29: ready for pickup message

3/30: Passport picked up. 221g - Appear for interview

3/31: Went for interview. Another 221g.

3/31: Status changed to AP

4/07: Email to appear for 2nd Interview

4/12: Second Interview (asked to do medical)

4/13: went for Medical Exam

4/14: Status changed to AP

4/20: Dropped Passport with receipt.

4/21: Status changed to AP

4/22: Status changed to AP

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No, the VO didn't ask for anything, I just gave whatever I had while explaining what happened. She took copies of it.

They have a national database maintained by FBI, NCIS, here they can check all the details, nothing you give at the time of interview will prove anything, if it sounds convincing you will get visa (but they will do a background check anyways and your visa could be revoked later if they find anything) else they will give 221g and cross check against database.

Remember, visa interview is not a documentary process, as they know very well that any document can be forged.

Take whatever you have and be as clear and convincing as possible. They may ask you to submit whatever documents you have. typically you won't need a police report or charging document if you already have a court dismissal document. It supersedes all other documents.

Today is 7th working day and my passport is still with embassy... I think it's gone for a POE clearance, should be issued in a couple of days.

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Thanks folks.

Yes you may contact me with my new profile contact mail id, I have also changed my alias here to - John Gage.

BTW, I had an almost 2 hr wait at POE secondary inspection (CBP Admissibility Review). Nothing much asked, just that I had taken care of the arrest related issues and stamped and let me go. This was at L.A

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  • 1 month later...

Hi Johngage,

 

I have similar situation wherein I was arrested for 1 day for 273.5 DV case and then convicted by DA for PC 415 - Disturbing the peace in cali. I have to go to Mumbai for extension of H-1 renewal in august 2016. i am eligible for dropbox without biometrics i.e. no fingerprinting. i am worried about 221g. The conviction of PC 415 disturbing the peace is not a CIMT, my lawyer told me.

 

Please advise what should i expect for the renewal of h-1 in Mumbai?

 

Thanks!

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No they won't ask anything during the h1b application but you will need case papers everytime you apply for a visa or re enter the country.

Hi Johngage,

 

I have similar situation wherein I was arrested for 1 day for 273.5 DV case and then convicted by DA for PC 415 - Disturbing the peace in cali. I have to go to Mumbai for extension of H-1 renewal in august 2016. i am eligible for dropbox without biometrics i.e. no fingerprinting. i am worried about 221g. The conviction of PC 415 disturbing the peace is not a CIMT, my lawyer told me.

 

Please advise what should i expect for the renewal of h-1 in Mumbai?

 

Thanks!

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It was blood plus a psychological evaluation. I think I cleared both.

Looks like a formality checkpoint to make sure the person won't commit any harm in future.

Hi Johngage,

 

Kindly elaborate on the blodd test and psychological tests done by the doctors and questions asked during examination. Arrested on 273.5 DV corporal injury on spouse but convicted of PC 415 disturbing the peace plea bargain accepted. Dropbox eligible and will go to Mumbai consulate for dropbox.

 

Appreciate your reply and help!

 

Thanks!

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  • 2 months later...

Hi Johngage,

Kindly elaborate on the blodd test and psychological tests done by the doctors and questions asked during examination. Arrested on 273.5 DV corporal injury on spouse but convicted of PC 415 disturbing the peace plea bargain accepted. Dropbox eligible and will go to Mumbai consulate for dropbox.

Appreciate your reply and help!

Thanks!

Hi Patel,

Can you please update on how did the interview go? Did you go for face to face interview or dropbox? Pls share your experience..

Thanks

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  • 3 months later...

Hi I am in similar boat and below is my situation.

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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