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H1B Stamping After a Misdemeanor Conviction

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  • 11-06-2007, 10:33 AM
    jasm_reckless
    H1B Stamping After a Misdemeanor Conviction
    Hello Everybody,

    I have been reading a lot of posts on this forum and realize that most of you had positive experiences in getting your visa stamped/renewed. Here is a gist of my story

    Date of Arrest: 8/12/2005
    Charge: DWI 1st in Texas
    Jailtime: 5 hours and fingerprinted
    BAC: I think it was 0.12

    Court Date: 8/17/2005
    Charge dropped to: Obstruction to a Roadway - Misdemeanor
    Pleaded: Guilty
    Convicted for: Obstruction to a Roadway- Misdemeanor


    Punishment
    Victim Impact Panel
    TAIP Evaluation
    Driver Awareness Responsibility Training
    80 hrs CSR
    Fine of 600
    Court Cost of 237
    1 year deferred adjudication probation
    DWI education class


    Thus I was not convicted to DWI but I was arrested for it. They have my fingerprints. In fear of not getting my H-1 B stamped, I havent left USA.
    However, I know that at some point of time I would have to do it.


    - What do you think of my case? Any recommendations?
    - Should I hire a lawyer?
    - Can I go to Mexico because its like 5 hours from here to get my visa stamped?
    - Should I go to India to get it stamped?
    - The maximum vacation I can get is only 2 weeks! So I need to get my HW done before I do anything!
  • 11-07-2007, 08:27 AM
    Mr. Knowitall
    Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
    I doubt that the offense is going to interfere with visa stamping. It sounds like that's a Class B misdemeanor, punishable by a maximum of 180 days in jail (<1 year maximum sentence reduces the potential immigration consequences), and it isn't a crime of moral turpitude.

    You should be able to get your visa stamped at any port of entry.
  • 11-07-2007, 08:34 AM
    jasm_reckless
    Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
    Quote:

    Quoting Mr. Knowitall
    View Post
    I doubt that the offense is going to interfere with visa stamping. It sounds like that's a Class B misdemeanor, punishable by a maximum of 180 days in jail (<1 year maximum sentence reduces the potential immigration consequences), and it isn't a crime of moral turpitude.

    You should be able to get your visa stamped at any port of entry.

    Much thanks Mr. Knowitall. It is indeed a Class B misdemeanor. I talked to my previous lawyer and he said that we can get the records expunged. However I am not sure if that would be of much help.
    I checked my Criminal History and the offense does show up in my name. In your experience, do you think I would be alright going to Mexico or you think that I would be much safer hiring a lawyer? I am just really scared of going outside USA at all!!
    Once again, I appreciate your time!
  • 11-07-2007, 08:59 AM
    Mr. Knowitall
    Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
    Whether or not you have a lawyer, eventually you will have to get your visa stamped at a port of entry. If it would make you feel more comfortable to consult a lawyer, by all means do so, but wait until after that consultation to decide if you wish to hire the lawyer to do something for you. (You should be able to find a lawyer who will provide a free or low-cost consultation, with no further obligation.)
  • 11-07-2007, 09:38 AM
    jasm_reckless
    Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
    Quote:

    Quoting Mr. Knowitall
    View Post
    Whether or not you have a lawyer, eventually you will have to get your visa stamped at a port of entry. If it would make you feel more comfortable to consult a lawyer, by all means do so, but wait until after that consultation to decide if you wish to hire the lawyer to do something for you. (You should be able to find a lawyer who will provide a free or low-cost consultation, with no further obligation.)


    Thank you for your reply!
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