Mumbai/Delhi/Chennai. H1 Stamping after Arrest.

[adarshnn]

Catch 22?

But the cop said it will take atleast 3 months before my arrest will be recorded?
Is that right?
If so I can get my visa stamped and come back I hope.
I cannot deny my travel to UK as it is really important from my work perspective.
Please advise.
Thanks a lot for your reply...

[txh1b]

Whether the arrest is recorded or not is immaterial. If you lie on a visa application regarding an arrest and do not declare it, it will haunt you forever in the future.

The fact is you were arrested and you should declare it. Misrepresentation of material facts could result in permanent ban.

[adarshnn]

No document to show?

Hello Sir,
I called the cop yesterday and they said they have no records to give to me regarding the arrest. So if i mention yes and not show any documents then that wud result in more confusion and get my visa delayed.
All i Can do now is that I can go ahead and try my luck i know im in a real mess but I have no way out..if its a permanent ban then i have to face it also.no way out sir...
Hopefully they wud frame the case and other documents only by the time i come back thats wat the cop said to me. and since I have nothing at this point I guess I have to take this chance.
Thanks a ton for your reply and guidance. and please pray for me..I will go ahead and update you wat happened.

[txh1b]

What I am saying is if it is proven at a later time that you lied on the visa application (Green card, Citizenship etc), it will be a real mess.

If you say no to arrest now, they may or may not find out due to the fact that your arrest is still being processed. If they do at a later stage of your immigration, you made it real messy. Talk to an immigration lawyer. This is not something you should ignore.

The records take a while to be updated in the county.

[insync_me]

Hey Guys!!!

I came to U.S as a Student, completed Masters and now I am working / living in Houston, Texas.
I was arrested for DWI on January 04, 2008. I appointed a lawyer, but still I had to plead guilty. So my case was closed on May 07, 2008. I was not sentenced any jail or probation. I just paid fine.
The only thing was: I got my license suspended for one year. Anyways, I will get my license back by May 2009.
Last time I went to India was during August 2006. My last entry into U.S was as a student. My H1B started on October 01, 2007.
Now, between March 2009 and May 2009, I am planning to go to India to get married.

One more important thing is, i got my Green Card PERM filed on October 12, 2008. Does this DWI conviction has anything to do with PERM. Any thing i need to be aware of in this regard.. pls advice me.

Regarding H1B Stamping,
What documents I need from court?
How to get background check done while I am here in U.S?

I would appreciate all your help.

[txh1b]

While perm has nothing to do with your arrest record, your green card (485) could result in delays and an interview. Your visa could also result in long delays prior to issuance.

[adarshnn]

Hello Sir,

I went for the interview today and got into a real mess.
From my finger prints the immigration officer came to know abt my arrest. He asked me for what were you arrested in US? I told him for DUI and police had told me they would send me the tickets later. He checked my records in his computer and told me that there were no records for you in the system so i will call you tomorrow and let u know.If its only DUI then we can process your application.Then he gave me a 221g form.
Please let me know ur thoughts in this

Thanks,
Adarsh

What I am saying is if it is proven at a later time that you lied on the visa application (Green card, Citizenship etc), it will be a real mess.

If you say no to arrest now, they may or may not find out due to the fact that your arrest is still being processed. If they do at a later stage of your immigration, you made it real messy. Talk to an immigration lawyer. This is not something you should ignore.

The records take a while to be updated in the county.

[Ruben]

Hello Sir,
He checked my records in his computer and told me that there were no records for you in the system so i will call you tomorrow and let u know.If its only DUI then we can process your application.Then he gave me a 221g form.
Please let me know ur thoughts in this

so how did it go? what happend.. and where are you now.. i mean where did you go for your stamping?

[adarshnn]

Im in India only. They havent got back yet. to make things worse the terrorist attack happened on the next days in mumbai.
i have notified my office that my visa is pending verification and it would take a minimum 5-10 working days, but i know its gonna take ages now.
have to notify my office and cancel my tickets. any idea what would be the next steps in my case?

so how did it go? what happend.. and where are you now.. i mean where did you go for your stamping?

[adarshnn]

Also..can I opt for a travel parole in this scenario.. IF so what would be the cost and time required for this?
thanks for any help in this regard.

Im in India only. They havent got back yet. to make things worse the terrorist attack happened on the next days in mumbai.
i have notified my office that my visa is pending verification and it would take a minimum 5-10 working days, but i know its gonna take ages now.
have to notify my office and cancel my tickets. any idea what would be the next steps in my case?

[txh1b]

Yes, you can use AP if you have and travel back. You may face secondary inspection at entry if your fingerprint pops the arrest.

Important thing to remember is DUI is not CIMT and you are not inadmissible. You will get a visa but as your case is pending, the catch 22 still might be a problem as they would need records from court.

It is NEVER a good idea to travel on a pending case and NEVER good to lie on the visa application. A VO could easily deny a visa on material misrepresentation grounds for lying without worrying about doing admin processing.

Hope you get the visa soon. Good luck!

[adarshnn]

Thanks for the reply sir..
Can i apply for a TP from here now?Also since they have gone for the admin processing now,is there a chance that they can deny my visa saying I lied on the visa application?
Anyway I have informed my manager abt the DUI and pending Visa application.waiting for his reply to make further plans. Also trying to get in touch with an immigration lawyer to check what can be done so that I can travel back asap...

[txh1b]

No, AP has to be applied and approved before you leave the US if you have an I485 pending.

[adarshnn]

oh.so that option is also gone..
Just an update from my side..
talked to an immigration lawyer yesterday..he said it was indeed a BAD decision to travel on a pending case.
Now next time if the consulate calls me I need to produce all documents possible..like my arrest records,court summons with date etc and explain to him my situation. but still the consular officer may ask for the court disposition document which will nail me down for ever.

Lawyer said he will study my case further and lemme know in a couple of days..still waiting for the paper work from the police station...they said one month...after that only I can move ahead.

[txh1b]

I did warn you earlier of the catch 22. The lawyer will not tell you anything new. You are at the mercy of the rules of immigration and the VO.