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  1. #1

    Question L1B Visa stamping - had been arrested before, case pending

    Hi,

    I am from India(WB). I have my L1B visa interview very soon (in this month itself, i.e. Jan-2011). But I was arrested on 15th Dec 2010 on the charge of two cases u/s 498A and 406 both complaints filed by my wife (all of the charges are false, as we all know that this particular section 498 is being misused by the indian wives heavily and the case success rate is only around 2% in favour of the wives, but the thing is the case is going on now. Its pending and 406 was entangled with 498 just to file the case in the local PS of my wife. 406 is on the ground that we have seized her belongings).

    I was produced in court the same day and was put on Jail custody for that day. I was released on bail on 16th Dec 2010. So, in total I was in custody for 1 day (well under 48 hrs). Now I am out on bail. I consulted with my lawyer and he is suggesting that I reveal my arrest in the DS-160 form as he is saying that there is no ground under which USCIS can deny my visa as this IPC section (498) is not considered a crime by supreme court.

    My question is what to do in this situation? What will be the decision of USCIS under these circumstances? Are they going to reject my L1B VISA? Should i refrain from disclosing it? What impact can my workplace have if my visa is rejected on this ground?

    I am spending really anxiuos moments now. Please advise me on this. Its very urgent and I want some soution real soon. Anyone please suggest what should I do now? What should be my course of action now? Anything you can suggest (documents, orders, etc ... anything) that can help me?

    Please reply soon. I am in dire need of some help on this.

    thanks in advance. Thank you everyone.

    Regards.

  2. #2
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,351

    Default

    Consulate would look for a resolved case and with a pending case, you will be asked for documents around it.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  3. #3

    Question

    Hi txh1b,

    Thanks for replying. Can you what kind of documents they might be asking for? What do they want to know?
    In my bail order it is mentioned by the judge that the defacto-complainant(my wife) has had no objection to the bail of the accused(thats me). Will this be sufficient? Else what kind of documents you are pointing at and how do I get them and fron where?

    Please note that my lawyer is saying that there is no problem for me to travel anywhere as far as this case is concerned. So any documents to that effect will help?? What do you think?

    Thanks again for your cooperation.
    Last edited by fatboyslim; 01-06-2011 at 11:50 PM. Reason: Adding information

  4. #4
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,351

    Default

    A bail means you are on a pending case. Consulate would want a final case disposition for any arrest.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  5. #5

    Question

    Quote Originally Posted by txh1b View Post
    A bail means you are on a pending case. Consulate would want a final case disposition for any arrest.
    Yes, I understand that. But then what do you suggest here? What would be the best approach here? Somehow to cancel the VISA processing altogether as of now? Or anything else?

  6. #6

    Default

    Did you get your VISA stamping done?

    I am in the same boat , I need visa renewal in a week time,

    Please share your experience and suggest what I should I carry to consulate?

    regards,

  7. #7

    Default 498a, arrest

    Any update here my friend

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