1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

H1B stuck in Canada / Visa restamp H Visa

Discussion in 'Investment, Work Visa' started by tunispoa, Feb 9, 2005.

Thread Status:
Not open for further replies.
  1. tunispoa

    tunispoa Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Hi everyone,
    I hope that someone can help me in my current situation. I am currently in Halifax, Canada where I was attempting to have my passport re-stamped for a H1B visa. In the interview the consulate told me that my name came up as a hit in the criminal background check and that they needed to send to the State Dept. a copy of all my fingerprints.
    I was fingerprinted and on 02/07 the consulate called me and asked me about an arrest that happened back in 2002 in Cambridge, MA.
    I was arrested in 2002 and again in 2003 for Assault & battery against my girlfriend. She was arrested too. The charges were dismissed and we have never been in trial. Both case disposal forms annotate that the charges were dismissed without prejudice.
    The problem is that before going to Canada, I was informed by my Immigration lawyer that the issue is tiny and probably it was not reported on the state level or federal level.
    The INS renewed my H1B petition without any problem. But since I have replied "NO" to the questions :"Have you ever been arrested or convicted?"
    The consulate asked (by fax)me for the court papers. I have immediatly made my attorney fax them copies of the dismissals.
    I want also to mention that I have about 9 US visas in the last 7 years. I have been never out of status. I passed from J1 to F1 to H1B without any problems. Half of these visas were issued in Canada.

    My questions are:
    1- what will the consulate do with my dismissal paperwork?
    2- Are these certificate of disposal with the mention dismissed w/o prejudice sufficient? Do they need all the records of the arrest?
    3- How long will I have to wait for a clearance?
    4- MOST IMPORTANTLY, I have explained to the consulate rep. that my attorney advised me to answer no on the 156 form, will they be really harsh with me and prohinit me from entering the US because of this technical lie?

    Thank you again for all your help
    Ben
     
  2. NYClex

    NYClex New Member

    Messages:
    1,236
    Likes Received:
    2
    Trophy Points:
    0
    @ 1: They use them to see if they should grant you the visa endorsement or not

    @ 2: That is up to the consular staff. If they need more they will tell you.

    @ 3: see answer to 2

    @ 4: It has happened that people have been refused entry for lying on an application or lying to an immigration officer. It usually is a pretty unsmart thing to do. But again, it is up to the consular officers.
     
  3. tunispoa

    tunispoa Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Thank you for your reply, I really appreciate the help. Can anyone tell me what is the procedure now?
    The consulate has the court paperwork. The officer at the consulate mentionned that they will have to submit these docs to the State Department?
    I was wondering what does the State Department do now? Do they ask for thre detail of the incident?
    Also does anyone know if the canadian US consulates are any faster in processing these issues or do I still have to wait a month or so for the FBI clearance?
    Thank you very much
     
  4. tunispoa

    tunispoa Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    Finally got a phone call from Halifax acknowledging me that I got the approval from Washington for my Visa. I traveled by bus on 03/01 from Montreal to Boston, I was stopped at the border for about 3 hours, interrogations, reverification of all the steps that I have made to take the visa, etc...
    Finally, I was let free to go, I was back in boston the same evening!!!
    It took me after all 1 month instead of 1 day!!!

    Please feel free to email me at amtasser@yahoo.com if you need any help.
     
  5. freebird

    freebird Member

    Messages:
    242
    Likes Received:
    1
    Trophy Points:
    18
    That's quite a story! I'm glad things worked out in the end...
     
  6. saeedk

    saeedk New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    Hi all,

    I am also in a similar situation and I am planning to go to Canada for restamping.
    I am a Canadian Resident and I visited Canada in 2003. At that time Pakistani nationals had to go to INS to register within 30 days of reentering into US. I had graduated at that time and I was on OPT. I went for registeration and due to some confusion (The stupid new International Advisor at school said that I never attended school :mad: ) INS officer put up a case at me hat I never attended school, even though I had my transcripts with me. Anyways, my passport was kept and I was issued a NTA (Notice to Appear in the court). Fortunately, I was not detained. I got a lawyer and then the lawyer faxed everything over to the officer and in the mean time i got my H1 approval. So, finally the NTA was cancelled and I was given my passport back without going to court. (this took almost 3.5 months).

    I have been working on H1B here in States since then and now I am planing to go to Vancouver to get my H1B stamped. I wanted your opinion on whether it can be a problem there?

    Also, a friend of mine applied for stamping n Canade and came back to US while the consulate was doing the backgroung check. He mentioned there is some document on INS website that I can print which allows me to come back. Can anyone pass me the link please?

    Thanks,

    kash
     
  7. muggsyj

    muggsyj New Member

    Messages:
    401
    Likes Received:
    1
    Trophy Points:
    0
    This is not legal Advice.

    You can try these links, mabe they will help in your reseach.


    Good Luck

    muggsyj
     
  8. muggsyj

    muggsyj New Member

    Messages:
    401
    Likes Received:
    1
    Trophy Points:
    0
    This is not Legal Advice.


    www.uscis.gov

    insexperts.com

    good luck

    Muggsyj
     

Share This Page

Thread Status:
Not open for further replies.