Help -Arrest Issue

dcmetro22042 said:
I personally do not recommend it either for her. If you correctly put a 'yes' in the form which you should, they might send her name for background check, which might take from 1 to many months. If you're ready for that, then go ahead..if not, plan to visit your home country..when atleast she can wait it out..if its urgent. Other than that..no other choice but to stay put here in US
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Thanks for your response!!

Its been a while, and we both would like to visit home.

Will marking "No" previously will have any adverse implact? Also if we go home, and if there is a delay thats fine. But, will there be any outright denial or any other issues?

Could you please advice. Thanks!
 
I'll tell u from my experience. I truthfully wrote yes when I went for visa in Delhi (India) and they asked for FBI check. It took about 6 weeks for that to be completed and I got a visa. This was in Feb 2004. I am not sure how much time its taking these days. Do that research (here and at Murthy forum) before going back to get visa. Do NOT write a 'no'. Might really mess up her case. I wish you best of luck.
 
dcmetro22042 said:
I'll tell u from my experience. I truthfully wrote yes when I went for visa in Delhi (India) and they asked for FBI check. It took about 6 weeks for that to be completed and I got a visa. This was in Feb 2004. I am not sure how much time its taking these days. Do that research (here and at Murthy forum) before going back to get visa. Do NOT write a 'no'. Might really mess up her case. I wish you best of luck.
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Thanks for your response. I really appreciate it!

If you come across any futher info along this line, could you pls sent me a private message?

Thanks!
 
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Need Help - Arrest and H1-B Extension Case

Hi

I need help.

I am on H1B Visa and a few days back applied for my extension.

I was arrested for Domestic Battery(in DuPage County, IL) on the 17th of Sept 2005. After the initial hearing and subsequent set trial date...due to the absence of witnesses and other reasons the judge decided to nolle prosequi ( Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter) the case against me.

When I was arrested I was taken to the local police station and had mug shots of me. Later I was taken to the couty jail and the authorities finger printed me and later I was out on bail.

I WAS NOT CONVICTED AND THE CASE'S STATUS IS NOLLE PROSEQUI.

I KNOW I HAVE TO SAY "YES" FOR ANY ARREST QUESTIONS IN THE FUTURE.

My H1B extension was applied on the 4th of May(I had date till 7th May 2006 on my earlier petition) and am awaiting the approval notice.

I am a little concerned about it right now. Would I have any problem with my extension? Do I have to go back to India or can I go to Canada for my stamping?

I have searched my criminal record and it has no entries. It shows my record is clean.

Please suggest me what I need to do now.

Do I just have to wait for further communication from the USCIS?

Do I need to hire an immigration attorney at all?

I would be grateful if somebody answers me.

Thanks
Satya
 
I was in a similar situation with arrest record (for petit larceny) but null processed case. Had no problems renewing H1B. renewed twice. When I went to India in 2004, they did background check before granting visa. That took about 5-6 weeks. Think it takes longer now. Be careful about that. Other than that, unless the max sentence of the offence is not over 1 year, you should be fine. Got my EAD approved as well. Waiting on 485.
 
Wow...

I feel sorry that some of you are in this kind of predicament. I myself got a Wreckless driving ticket in VA sometime ago. I went with a lawyer and got it reduced to a speeding ticket, basically the prosecutor reduced it to speeding ticket, I do not have the wreckless driving charge on my name.

Advise to junta is to always go with a lawyer, professional help is a must in such cases. I got lucky. Hopefully some of you will too.
 
Worried about arrest on a case that was dismissed

I was arrested. Police record shows I was charged with Domestic Battery. CASE WAS DISMISSED as per letter later issued to me by arresting agency. I also have a California Police Department certificate issued to me referencing California Penal Code (PC 849.1 and PC849.3) stating that "SUCH ARREST SHALL NOT BE DEEMED ARREST BUT DETENTION ONLY". Two Court Notices I received says "No complain filed".

http://law.onecle.com/california/penal/849.html

I have to worry about I-485 later (stuck due to backlogs). But I am travelling to Mumbai on a business trip and have to do H1 visa stamping. I have lost my sleep over the question "were you arrested"? I have authentic certificate as mentioned above saying its not an arrest. I really am believing I can write "NO" to arrest Q on DS-156 visa form Question 38.1.

Should I write NO? or Yes? Do I have to show them the Police Record showing charges, police record is scary, says I slapped my wife and we had prior unreported domestic violence instances? Will I return to USA safe?

Please help.
 
Domestic Violence reduced to Simple Battery !!.

Friends,
Since few people on this forum have posted sincerely about their problems related to Domestic violence charge, I am just writing down all the things that I have learnt with similar incident that occured with me recently. I was arrested on Domestic Violence charge on November 28th, 2005. I was initially really scared when the cops arrested me and told the truth that I slapped my wife out of frustration in my Car. My criminal attorney told me to plead guilty to this charge and the court convicted me for PC 273.5 on December 14th 2005. However, when I reported this incident to my immigration attorney that I may be deported and also I will not get my green card because of this charge. Later on , I hired Mr. Norton Tobby who is expert in Criminal and Immigration matters and got my initial charge vacated and got a new charge PC 242 ( simple battery ) which is not a CMT.
I haven't travelled to India for almost 3 years, because I was told that it can take atleast 4 months for them to do a FBI check in U.S. Consulate in India. I have no other option but wait till I get my green card now. This has been very painful and depressing to me . Does any body has any ideas or advice on how they overcame these issues ?.
I am currently working on getting my Arrest record expunged . If my arrest record is expunged what should I declare on DS-156 form for question 38.1. What should I tell the consulate officer on what was the crime ?. Will I have any problems getting a H1-B Visa ?.
I have put truthfully the facts for helping other people having similar problems and I hope people will not jump into conclusions in branding my actions.
 
question!

Hi all.

My husband slapped me continuously for 3 days. He is not that type. He had once hit me when my daughter was a baby, listening to some vile stuff his mother spat. This time too it was the same story. To warn him this time, I dialed 911 on the third day, when things got a bit rough with pushing... I immediately cancelled the call, but the call had gone thru, unawares to us... so yes, we didnt recieve the guys with a smile, but the tears from me and the rage from him.

I got the issue cancelled as domestic dispute, and they didnt arrest him. It all took 15 minutes of stay by our dear cops.

However now he is very suspicious, and acts very strange, again aided by his dear, and very much worried mother... things are laughable and at the same time unhappy.

What he is worried that his GC processing would go to rocks. Is this possible?

Thanks.
 
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