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CHANCES OF GETTING FRESH H1B VISA WITH FELONY PROBATION RECO

Travel Forums North America CHANCES OF GETTING FRESH H1B VISA WITH FELONY PROBATION RECO

1. Posted by meispisces (First Time Poster 1 posts) 1w

Hello All,

My friend has been given 3 years probation. Since his work visa was ending , judge sentence him that if he is out of US, his probation is suspended and if he returns back he has to serve his probation.

He was sentenced in Atlanta, GA for Invasion of Privacy
(OCGA 16.11.62; http://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62)

Couple of Questions:

1) Is his crime falls under CIMT?

2) His H1B extension was in progress which was revoke by his employer. Hence are there any chances that he can get new H1B Visa

3) His Extension (which was revoked) shows as "Under review" by USCIS. How much time does it take for USCIS to revoke the petition?

Couple of Points

(a). He has been given Probation under Georgia's First Offender Act.

(b). He has taken written permission to leave the country from his P.O.

(c). He has given one drug test after the Probation Orientation and he didn't test positive.

(d). There are no other special conditions in his probation sentencing such as Community Service or DNA registration etc.

(e). He has paid full court fees (around $1500) before leaving USA

(f). He is not a Sex offender

2. Posted by CheersT (Travel Guru 2422 posts) 1w

1.) No clue, but I suspect it's immaterial because they'll treat it as a CIMT because of the nature of the crime. 16-11-62 is too close to the same prep that a terrorist would use for surveillance.

2.) I doubt it.

3.) You have to talk to USCIS. No stranger on an Internet Discussion Forum can possibly venture a guess.

(a) to (f) are all strong positives, but I fear there's still enough negatives that the H1B is a goner unless his employer goes to bat hardcore for him and his skills are absolutely necessary.

Good luck.

Cheers,
Terry

PS As with almost all Immigration/Visa questions on this forum you failed to start with what is usually the single most important piece of information: Nationality on Passport. In this one particular unique instance it was not crucial though.