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Trying to obtain VISA to return to US under H1 Status

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  • Trying to obtain VISA to return to US under H1 Status

    Hi,

    I recently received my H1 approval (around May 05). I left the US for vacation and am now trying to obtain a new VISA (my old one expired one year from the date I graduated in 04).

    I have a record of disorderly conduct of which my lawyer explained to me would only who up as a speeding ticket type. I have never answered yes on my forms when it comes to the question of if I have been previosuly arrested since of what my lawyer told me.

    The US Embassy has a record of this disorderly conduct and is claiming they have to send my fingerprints to the FBI in the US to get more information as to whether I can get a VISA or not. Will a disorderly conduct charge keep me from receiving my Visa and therefore returning to the US? I have already received my approval for my H1 B. How can they not give me a visa? This disorderly conduct occured around '02.

    Do I need to get an immigration lawyer for this? I am currently outside of the US trying to obtain a visa to return to work in October (when my H1 becomes effective).

    They claim the FBI will take 4 to 6 weeks to get back to them. Does is really usually take this long or longer? Anyone ever have to go through this process??

    What are the chances that the FBI will come back and deny me a visa becuase of a disorderly conduct?

    Thanks so much!

  • #2
    Hi,

    I recently received my H1 approval (around May 05). I left the US for vacation and am now trying to obtain a new VISA (my old one expired one year from the date I graduated in 04).

    I have a record of disorderly conduct of which my lawyer explained to me would only who up as a speeding ticket type. I have never answered yes on my forms when it comes to the question of if I have been previosuly arrested since of what my lawyer told me.

    The US Embassy has a record of this disorderly conduct and is claiming they have to send my fingerprints to the FBI in the US to get more information as to whether I can get a VISA or not. Will a disorderly conduct charge keep me from receiving my Visa and therefore returning to the US? I have already received my approval for my H1 B. How can they not give me a visa? This disorderly conduct occured around '02.

    Do I need to get an immigration lawyer for this? I am currently outside of the US trying to obtain a visa to return to work in October (when my H1 becomes effective).

    They claim the FBI will take 4 to 6 weeks to get back to them. Does is really usually take this long or longer? Anyone ever have to go through this process??

    What are the chances that the FBI will come back and deny me a visa becuase of a disorderly conduct?

    Thanks so much!

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