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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4313
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I attended for my h1- visa interview on 11-23-2016. I had an

Customer Question

Hello
JA: Hello. What is your issue regarding?
Customer: I attended for my h1-b visa interview on 11-23-2016. I had an arrest record for shoplifting and I'm sure that falls under petty offense exception. I was not give any 221g slip but Vo collected court disposition and ds-160 copy Haven't heard back from them yet Any clue what might have been happening ?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I have my i-140 approved.
JA: Have you talked to a lawyer yet?
Customer: No. my company immigration lawyers doesn't know about this case but said they can't do anything until 60 days
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope that's all
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 4 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.
I am afraid the company lawyer's are correct. For now, you will have to wait in a case like this. It does not mean that you have done anything wrong or that you will not get approved... but it just be taking long to clear your name due to the arrest. They could be verifying what happened at that time. Also keep in mind that the holidays were in between your interview and now and that causes significant delays. It should begin advancing very soon.

Good luck to you and I hope this answer has helped you!

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Customer: replied 4 months ago.
Thanks for the reply. Do you think there might be some FBI background check involved? I'm worried because I saw in blogs saying FBI background check takes 13-16 weeks.
Expert:  Jen Marie, Esq. replied 4 months ago.

Hello again.

Yes. It's possible (although not certain) that the FBI fingerprint check is involved due to the arrest even if it it was minor crime, especially if you didn't provide certified documents regarding the crime. They will want to see certified documents about what happened and how it concluded. If you provided certified documents then the chances are less. Even if it is an FBI check, it is not necessarily a 13-16 week wait. It depends how long the FBI takes to clear up the crime.

Sometimes it can also be that your name matched that of someone on the FBI list and they may be looking into that as well or you are cleared.

I hope this helps to clarify and hope to have earned your positive rating.

Expert:  Jen Marie, Esq. replied 4 months ago.

Hello again.. I see that you have been able to view my answer a few days ago but have not left feedback or asked me any follow up questions.

Please let me know how I can earn your positive rating. That's the only way I receive credit on this website. Thanks for your consideration.