Hi,
I want to post my experience of my H-1B Visa Stamping in Canada.
Note: The experience might not be similar to yours, so it may not answer your question, I am posting it for any one it might help.
My Scenario:
I had my DUI on 20th Feb, 2016.
I kept postponing my trial in court with the help of my attorney, so my status at the time of Stamping (2017 July) was 'Not Convicted'.
With the case still under non-conviction mode, I applied for my VISA Stamping in Toronto for June, 2017.
I filled my DS-160 with complete disclosure of my incident (with dates, location) while booking the appointment.
I had approved I-140.
Just a n info: In general, the USCIS site and based on my reading in forums - they did say that the VISA revocation notice would have been sent to my employer via email after my arrest (but my employer did not mention any email of this kind to me).
My Experience:
* My appointment was at 7:30 AM in the morning.
* I showed up on time. I was one of the first in the queue.
* A pre-check of all related VISA documents was done during the entry into Consulate.
* Once entered everyone was directed to a counter. A officer in the counter checked the documents , photograph and prepares a pouch of documents which we should give to Visa Interviewer (VI) later. Photograph was checked very clearly, any old photographs (older than 6 months) was neglected.
* Then everyone in the line was redirected to fingerprinting in a separate counter. Once fingerprinting completed everyone was asked to wait in a separate interview line.
* When my turn came, I walked to the counter, gave the pouch of documents given by the officer initially to my VI.
* VI asked for Passport, 797s, and Employment Letter.
* In few seconds, VI asked if I have been arrested. I stated YES, and gave a 2 sentence explanation including the date (indicated that the case is still not convicted yet).
* VI excused himself for 2 minutes and came back with the 221G (Blue Slip) form.
* VI gave me the form, returned passport to me and explained in few sentences what should be the next steps (the steps are below, please note: the 221G form explained the steps as well)
[Anything from then onward was handled through CEAC/AIS site only. The site had clear instructions and it tracks the case closely.]
Receiving 221G:
* After few hours of receiving 221G, the CEAC site had my status as 'Administrative Processing'.
* The 221G form had several reasons given in check boxes. When the VI gave the form, he selected the appropriate reason on why he gave me the 221G.
* My 221G form was ticked under option asking me to submit Medical Evaluation Results.
* Along with 221G form there was a sheet with list of Approved Physician/Diagnostics Center.
* The 221G form had instructions on how to send the results as well. Please read the form few times.
1. The form can have information on how to address emails (Subject, E-Mail Address etc.).
2. Based on advises I read in forums, I only sent the documents they asked for (if they did not ask for Passport I did not sent it in).
* Please select a reputed Diagnostics Center - the reason is:
1. If you are planning to appear for stamping in another year or so, the same results from this Center stamping MAY BE considered valid - so the applicant doesn't have to go through Medical Evaluation during future stamping.
2. A reputed center will have gone through this process before, hence they might be able to handle this correctly, which will bring little confidence in us too.
** But this is all based on if there are appointments available in our preferred centers and how much time we can wait to get stamping.
Steps After Receiving 221G:
1. Found An Approved Diagnostics Center. When I called them and mentioned this is for Consulate related evaluation they understood.
2. Scheduled An Appointment in Phone. The Center knew what kind of tests needs to be taken (I didn't have to mention anything specifically).
3. I scheduled my examination for next day. Showed up in the Diagnostics Center. Took proper tests as they asked (Urine, Personal Interview with Doctor).
4. Diagnostics Center gave me an approximate date in which they would be providing results. I followed up every other day to make sure they are processing it.
5. After 3-5 days (this can vary), Diagnostics Center asked me to come and pick the sealed results. I picked the results and sent it via courier to Consulate (just the results).
6. The 'Last Updated Date' in CEAC site got updated accordingly. The status remained the same as 'Administrative Processing'.
7. Consulate seems to have reviewed my results and in approximately 2 1/2 weeks they emailed me to send the passport. Everyday was a day of prayer and regrets in my part for my DUI.
8. Sent in the passport (all via Overnight Delivery), status got updated accordingly. Got the passport back with stamping in 4 days.
My Lesson:
Please state the truth of the incident (ALWAYS) in all future DS-160s. If you are arrested but the case is not tried yet, the answer to the DS-160 question ('Have you been arrested....') should be YES.
Please always be ready with 2 - 4 sentences of what happened during the incident. (Based on my reading in forums, if your case if not tried in court yet - please mention the same to the VI, if the case is tried and you are convicted please mention that as well including dates if possible).
Please hire a good lawyer who will keep you positive and help you with getting the documents easily.
Please remember the dates and details related to the incident, and rehearse a statement on incident if asked.
Please keep all records of the incident (the VI could ask for documents specifically as well)
1. Police Arrest Report
2. Disposition from Court (Disposition will be given only when the case is tried in court - Disposition should be given irrespective of your are convicted or not, if you are convicted with probabtion the document will have a Probation section as well)
3. Minutes of the Case (this can be received anytime from the court, this will indicate the latest status of the case including each , please get the latest minutes before traveling from US)
4. Your Compliance Documents (based on the Disposition given by the court during your conviction the court could have ordered these services - Community Service, Alcohol Program, Fines, Counseling Programs, etc - please take the status documents of these ordered services)
5. Case Summary (Please note: Some courts have websites which will give cosolidated Case Summary, a 1 or 2 page(s) document. I had this printed out as well).
Please be thorough of all information and hence can be confident in the answers.
For any arrest related incidents, POE (Port of Entry) will always have a separate security check before entering into US (this may take few hours).
Please be clear and truthful to the POE Officer and the officer will always give a warning that any other incident like this will affect future.
---------------------
I pray for anyone to not make the mistake I made.
I pray for anyone in this situation to get this sorted out. I wish all of them to get results in your favor.
I am not sure if i posted this info during my actual stamping days. Here I am, hoping all is and will be well.