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221(G) Administrative Processing

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  • 11-12-2009, 11:27 AM
    paul_djin
    221(G) Administrative Processing
    Background:
    I work as a Business Analyst for a consulting company,which holds my H1B visa and it was renewed from 10/2008 to 10/2011. I had gone to Mexico for the new H1B stamping. However, the visa officer put my application for 221 (G) Administrative Processing and said they would get back in 2 weeks to 90 days.

    I suspect that an arrest that I had from a domestic dispute case from my ex wife in the past probably re-surfaced during the visa stamping process in Mexico. The case was dismissed and all records- fingerprints, mug shots etc were expunged from the records. One more detail... I am also a permanent resident of Canada and have secured a new job in Canada since then.

    Questions:

    1. During the stamping process in Mexico, in the form DS 156 where they ask: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance (drug), or been a prostitute or procurer for prostitutes?" I answered NO (based on the fact that the case was dismissed, and all records expunged and what my then counsel told me to answer in case of such questions). Was this Answer correct?
    2. Since my H1-B visa stamping has been placed in 221 (G)"Administrative Processing" and I, cannot enter the US till this is resolved. ( The process could take up to 90 days).
    a. Can I apply for a separate B1/B2 tourist visa from the US Consulate in Canada, while the H1-B Administrative Processing is still on going? If yes can that tourist visa be also subjected to administrative processing?
    3. I desperately needs an entry in the US to close an open civil case of divorce against my wife (the one with whom I had the dispute case) and the case is up for disposition on Jan 6th, 2010. I am representing myself in the case (Pro Say). I also want to enter the US and see my 2 daughters (who are US citizens and live with the lady I am divorcing) before leaving for Canada where I have secured a new Job. I do not need the H1B anymore. I only need a tourist visa to enter the US and get a few things done and leave for Canada. What should be the best approach for me to get a B1/B2 tourist visa?

    Appreciate any help

    Thanks,

    paul_djin
  • 11-14-2009, 02:05 PM
    LawResearcherMissy
    Re: 221(G) Administrative Processing
    Quote:

    1. During the stamping process in Mexico, in the form DS 156 where they ask: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance (drug), or been a prostitute or procurer for prostitutes?" I answered NO (based on the fact that the case was dismissed, and all records expunged and what my then counsel told me to answer in case of such questions). Was this Answer correct?
    No, your answer was not correct. You were specifically asked to disclose your arrest even if you received a pardon or expungement.

    Quote:

    2. Since my H1-B visa stamping has been placed in 221 (G)"Administrative Processing" and I, cannot enter the US till this is resolved. ( The process could take up to 90 days).
    a. Can I apply for a separate B1/B2 tourist visa from the US Consulate in Canada, while the H1-B Administrative Processing is still on going? If yes can that tourist visa be also subjected to administrative processing?
    Maybe. Contact the Consulate and explain your situation.

    With respect to your other issue, you're kind of stuck. Your best course of action is to retain the services of an immigration attorney.
  • 11-15-2009, 08:06 PM
    T53147
    Re: 221(G) Administrative Processing
    Get an attorney to handle your divorce.
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