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aws learning   03 April 2021

IPC 338 Conviction Effect on H1B US visa

My friend is convicted in IPC 338 accident case and paid a fine of 1000 Rupees and case is closed now. Now he is planning to go to USA under H1B work visa. Should he mention about this in visa application? Will there be any problem with visa processing? how can he deal with this situation.

 1 Replies

JINALI SHAH   15 April 2021

If your friend has a job offer and if the employer is willing to help you acquire a temporary job visa in the U.S but your friend has a criminal record that it is highly possible that your friend won't get a work visa. As it is likely that the form will be inadmissible. Even though a person doesn't get a formal conviction or even a formal arrest for a crime that he commits still is not admissible. This means you won't be able to get a work visa or green card.

But the good news is even if inadmissible depending on the crime, your friend can still ask the U.S government if they can waive off the crime to obtain a legal visa for employment in the U.S. And also your friend will need to hire a good immigration lawyer which will add to the cost of the process because it won't be easy to convince the U.S government if a person was convicted for a crime.

In case even if your friend tries to hide there would be police verification and they will verify to find out whether a person has any past criminal records or criminal background because the process is not so simple it is strict.

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