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
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
) 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).
