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  1. #1
    Join Date
    Aug 2007
    Posts
    5

    Default H-1B Stamping with Misdemeanor While Still on Probation

    I have to visit India and have to get my visa stamped H1-B from canada. Now i have misdemeanor disorderly conduct (Drinking in excess and getting in argument with Bar people--it was spring break party) on me. so i just wann know what precaution to take, do i have to provide them with information before hand or I provid them with information after they ask.
    They took my fingure prints and after that they gave me citation and let me go after my friend payed the bond.
    after that I have to go to court and judge told me to pay $400 as fine and that i am on unsupervised probation for one year, which will end early next year
    now something came up and I have to go to India and before going to india I have to get my Visa stamped so i am going to Canada.
    I called court so that they can give me any document stating that even if I am on prbation I am allowed to leave country, but they replied back that since it is unsupervised probation they don't care if I stay in country or leave or move to other state, as long as i am not getting caught drinking in excess in this state they don't even care.
    The court said for them case is closed

    so pls advise me what to do, how much trouble i am in, since for visa stamping I am not getting enough holidays also

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: H-1B Stamping with Misdemeanor While Still on Probation

    If this was a relatively minor misdemeanor (e.g., a so-called 90-day misdemeanor), particularly given that it was not a crime of moral turpitude, it probably won't interfere with your immigration. I can't make guarantees, though - any criminal activity can cause immigration problems.

  3. #3
    Join Date
    Aug 2007
    Posts
    5

    Default Re: H-1B Stamping with Misdemeanor While Still on Probation

    Thanks for Reply, it helps me a lot.
    one more thing I called immigration office and they said it should not matter since magnitude of crime is really small, and I also called port of entry officer she said it should not matter but it maybe asked by officer on duty, and then it depends on it.
    then I asked will it pop up there she said she cannot tell me that since it is classified information, but she said it someone don't ask me don't say a word about it and put my self in trouble, what should I assume from it.

    want to know will it pop up during my fingure printing in canada in US counsulate and at port of entry.
    does these things even go to fedral office or they just stay within state limit

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: H-1B Stamping with Misdemeanor While Still on Probation

    It may. As you were told, the specifics on what will or will not "pop up" is classified information. These days I simply assume that everything pops up.

  5. #5
    Join Date
    Aug 2007
    Posts
    5

    Default Re: H-1B Stamping with Misdemeanor While Still on Probation

    so, should I or should not disclose this on DS156 form,
    means should I say yes on DS156 or NO

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: H-1B Stamping with Misdemeanor While Still on Probation

    You mean "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?" If you have, you answer "yes".

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