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Please read the following. Per these new rules, the consulate will check the criminal record for every visa applicant. I think the least risky option is if you can avoid travel until you get your AP. In the meanwhile, if you need to travel you need a H1 visa stamp. Please seek an attorney\'s advice to help you decide whether to go to a consulate for visa. If it makes you feel better, I know of a case where the visa was granted despite the arrest record. It is up to the consulate and the INS rules to grant a visa or not. If you do decide to go for visa stamping abroad, take all the necessary documentation from here. Hope this helps. Good luck.
From
http://www.immigration-law.com/ (click on breaking news).
Updated 02/25/2002: DOS New Criminimal Record Check/Fingerprint Requirement
Effective February 25, 2002, the U.S. Department of State will start using the FBI database record checks (name-check query) for all visa applicants (both immigrants and nonimmigrants) before a visa is issued and the applicant with negative record will be required to take and submit fingerprint. The U.S. Department of State is enacting this Interim Rule to implement the USA Patriot Act. For the full text of this rule, please click here.
Until now, most of the American consulates waived finger-print requirement as a part of the immigrant visa processing. After this regulation, the fingerprint waiver will be no longer a rule unless the name-check inquiry indicates clean record. The name-check inquiry system and finger-print requirement for some NONIMMIGRANT visa applicants may further delay the visa issuing process for some applicants. Please be aware of this change.
Updated 02/26/2002: Chennai Web-Based NIV Appointment "Mandatory!"
The American Consulate in Chennai notifies us that beginning from Monday, March 4, the new web-based appointment system becomes mandatory for all qualified non-immigrant visa applicants. When the web-based appointment system was announced on February 13, 2002, use of the web-based system was voluntary. NIV visa applicants, please use
www.ttsvisas.com to schedule appointment.