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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Unhappy Concerned To Get H1B Stamped In India As I Have A Criminal History

    I have been arrested for domestic violence and was charged for "SIMPLE ASSAULT/BATTERY" in my police report.
    As per my criminal lawyer, i was asked to go through a Pretrial Diversion scheme and was asked to attend anger management class. The court had put a hold to my case till i had finish my anger management class and avoid any future arrest. Now i am done with those classes and the court has dismissed my case. My criminal lawyer said that i would fall under the category of DISMISSAL WITHOUT ADJUDICATION OR FINDING GUILT.
    Plus he also said that all the documents pertaining to my case are expunged from my record as i had also applied for expungement and was approved. From the documents i had signed i do not think i had plead guilty on that charge. But i am worried as from Immigration point of view this may be a conviction as i was asked to go on diversion program.
    Could you please advise if there may be any chances that my H1 stamping would be rejected if i go to india to get a visa?
    Though the case has been expunged i wanted to know if going to india and applying for H1 visa would have any chances for rejection. Should i go to India or not?Please help and give your advise. thanks.

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

    Default Re: Concerned To Get H1B Stamped In India As I Have A Criminal History

    I doubt it will be a problem, but unfortunately I can only speak in probabilities - I don't know anything about your case other than what you posted and I cannot predict the future.

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