An Indian H1B worker is currently navigating a tricky situation as he prepares for his visa stamping in India. Even though a previous arrest was officially dismissed by the District Attorney, it still lingers in the records, creating anxiety during the visa process.
This incident stemmed from a minor car accident. After chatting with his insurance company, the worker left the scene, unaware that this could lead to potential legal issues. Although a case was initiated for leaving the scene, the DA ultimately decided to drop it, stating that court action wasn’t necessary.
However, the arrest remains on file, and that’s where the complications start. U.S. consulates in India often view any arrest—regardless of its outcome—as a significant concern.
Many H1B visa holders in similar predicaments have found themselves subjected to 221(g) administrative processing, which can postpone stamping for weeks or even months. Some have been asked to provide additional documents, while others have faced lengthy wait times without any clear updates.
Legal experts recommend that applicants carry the DA rejection letter, police report, insurance documents, and a letter from their lawyer. These materials can help paint a clearer picture for the visa officer.
While the case may be closed in court, the immigration system doesn’t always keep pace. For H1B holders planning to travel, a past arrest—even without a conviction—can still bring about uncertainty and delays.
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