Impact of impounded passport on GC processing

paulstadler2005

Registered Users (C)
#1
Hi,
I would like to know the impact of impounded passport on green card processing!. To give you the background of my case. I got married in 2001 and took my wife to US, we lived together for a short period and due to incompatibility I filed for divorce in US (Massachusetts) and obtained divorce in August 2002. Right after my divorce became absolute my wife filed a false dowry harassment case against me and my family members in India.

I came to India in August 2004, and since then(it is dec 2004 now) I am attending this case in India. Last month my ex-wife filed a petition to impound my passport and the magistrate passed an order that recommends a passport officer to impound my passport quoting the passport act 10 section 3(e) (i.e pending criminal case).

I know that I can't leave india when this order is in effect, I would like to know the impact of this order on
1) my employment in US
2) my green card processing in US.

Thanks in advance for your answers.
 

hathwar

Registered Users (C)
#2
What status were you in the US since AUG 2004?
Your employment depends upon your employer. Is he OK with you staying in India for a long time before all these things get sorted out? Do you have any idea how long its gonna take to get it resolved?
 

sunpad

Registered Users (C)
#4
Any more info on impounded passport would really help. My case is similar. I took divorce in US but caught on false 498(a) in India and the passport was impounded. I am already a GC holder.

Thanks
 

498a

New Member
#5
Impact of passport impounding on Green Card

Can someone share their experience/information on Indian passport impounding due to avoiding court proceedings, its impact on Green Card and if one get deported as a result? I have only heard of people just talking but no one has had a personal experience.

Any more info on impounded passport would really help. My case is similar. I took divorce in US but caught on false 498(a) in India and the passport was impounded. I am already a GC holder.

Thanks
 
#6
I am in a similar situation. On GC but India passport recently impounded. What happens next? Can I stay in the US with an impounded passport?
 
#10
I'm facing the same issue. got Passport Impounded email yesterday. I came USA in 2016 on H1-B Visa. My Wife put false 498A in 2016 after I came to USA . I didn’t went back to attend any of the court hearing and in USA only from past 3 year. My Current passport is valid till 2024. Please suggest the necessary action against this email and
how it can impact my H1-B Visa status here in USA.
Do USCIS deport me ?
Can i continue my Job in USA with Impounded Passport in INDIA ?
 

ananga73

Registered Users (C)
#11
I'm facing the same issue. got Passport Impounded email yesterday. I came USA in 2016 on H1-B Visa. My Wife put false 498A in 2016 after I came to USA . I didn’t went back to attend any of the court hearing and in USA only from past 3 year. My Current passport is valid till 2024. Please suggest the necessary action against this email and
how it can impact my H1-B Visa status here in USA.
Do USCIS deport me ?
Can i continue my Job in USA with Impounded Passport in INDIA ?
USA doesn’t care about any of that stuff. You can continue working and everything. The problem is that at some point you will have to travel, prepare for that.
 

1AurCitizen

Registered Users (C)
#12
I'm facing the same issue. got Passport Impounded email yesterday. I came USA in 2016 on H1-B Visa. My Wife put false 498A in 2016 after I came to USA . I didn’t went back to attend any of the court hearing and in USA only from past 3 year. My Current passport is valid till 2024. Please suggest the necessary action against this email and
how it can impact my H1-B Visa status here in USA.
Do USCIS deport me ?
Can i continue my Job in USA with Impounded Passport in INDIA ?
That passport is no longer valid.

Reach out to an Indian consulate and request an alternative document that allows you to travel to India asap and fight these charges.
 
#13
That passport is no longer valid.

Reach out to an Indian consulate and request an alternative document that allows you to travel to India asap and fight these charges.
Thanks for the reply .. If I will go back to INDIA.. I'm sure i cant come back again for long time ... I have valid VISA till 2020 .. Can i work till then here ?
 
#14
USA doesn’t care about any of that stuff. You can continue working and everything. The problem is that at some point you will have to travel, prepare for that.
Thanks for your reply. I was thinking that if this information goes to USCIS through INDIAN embassy in USA, then they will deport me ?
 

SusieQQQ

Well-Known Member
#15
Thanks for the reply .. If I will go back to INDIA.. I'm sure i cant come back again for long time ... I have valid VISA till 2020 .. Can i work till then here ?
That passport is no longer valid.

Reach out to an Indian consulate and request an alternative document that allows you to travel to India asap and fight these charges.
You spoke about a Canadian visa in another thread. You can’t travel to Canada, or anywhere other than back to India, on an invalid passport.
It also sounds like (from what you said) that you basically abandoned your wife to come to the US and you have ignored previous court appearances. Honestly, you should do what 1aurcitizen suggests - man up and face the charges and see what is “nonsense” and what isn’t.

Now, I don’t know specifics of H1B on passport validity but I do know in general that non-immigrant visa holders are required to maintain a valid passport at all times in the US. Unless there is an exemption to H1B it would seem to me you are out of status for not having one. Maybe someone more versed in H1B can comment on this aspect.
 

1AurCitizen

Registered Users (C)
#16
Member has posted in several threads. That shows desperation.

Dude, you have abandoned your wife in India since 2016, and have ignored her. Which may be why she sued you in India. There may be validity to her 498A charges which would make it "not false". We don't know her side, but it seems the email from RPO got your attention. As Susie advised as well, you need to man up and face the charges in India.

I'm not a lawyer but I suggest responding to the RPO email and traveling to India asap. Responding to Courts on charges as serious as 498A (dowry, marriage cruelty) is more important than worrying about H1b status.
 
#17
Member has posted in several threads. That shows desperation.

Dude, you have abandoned your wife in India since 2016, and have ignored her. Which may be why she sued you in India. There may be validity to her 498A charges which would make it "not false". We don't know her side, but it seems the email from RPO got your attention. As Susie advised as well, you need to man up and face the charges in India.

I'm not a lawyer but I suggest responding to the RPO email and traveling to India asap. Responding to Courts on charges as serious as 498A (dowry, marriage cruelty) is more important than worrying about H1b status.
if you are not a lawyer and never come across these type of cases than why are you wasting your time and replying here on different threads ..... I need a helpful suggestions.. and dont want to go into any argument why and in what circumstances I came to USA or abandoned someone....
Anyways Thanks for your reply.
 

SusieQQQ

Well-Known Member
#18
if you are not a lawyer and never come across these type of cases than why are you wasting your time and replying here on different threads ..... I need a helpful suggestions.. and dont want to go into any argument why and in what circumstances I came to USA or abandoned someone....
Anyways Thanks for your reply.
If you want legal advice, perhaps you should pay a lawyer for advice rather than asking questions on forums, hm?
 

1AurCitizen

Registered Users (C)
#20
if you are not a lawyer and never come across these type of cases than why are you wasting your time and replying here on different threads ..... I need a helpful suggestions.. and dont want to go into any argument why and in what circumstances I came to USA or abandoned someone....
Anyways Thanks for your reply.
First of all, never tell anyone on this or any other forum not to post. That is a ToS violation. I chose to volunteer my time, as many others do, and I suppose none of us are lawyers. We offer advise based on the facts your provide.

Do not get sensitive if you do not like the suggestions presented here. In your own words, you have chosen to ignore court hearings the past 3 years; the RPO email got your attention. Need helpful suggestions? There have been plenty here.. contact whoever sent you the RPO email, try to get a travel document that allows you to travel to India. If you believe the charges are false, man up and travel to India to fight the dowry/marital cruelty charges. That's more important than an H1B.
 
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