L1 or h1b visa processing with pending criminal case

Hello ,

Does it impact getting an L1 or H1b USA visa for person against whom FIR is registered but not yet convicted. The case here is of an accident under 304a. will it impact getting the visa, even if person has secured unconditional bail and is fully cooperating with state agencies. Also, to be noted that MAC announced compensation from insurer and did not find any fault with accused. Charges yet to be framed by court. Please suggest what should be right strategy.

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4 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 March 2015

It will not impact.

SAINATH DEVALLA (LEGAL CONSULTANT) 17 March 2015

Can U provide some ,more details of the case, as section 304a, though a bailable offence,has its own impact unless discharged.

Section 304A in The Indian Penal Code

[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.]

T. Kalaiselvan, Advocate (Advocate) 19 March 2015

Though have been enlarged on bail, till the criminal case is disposed you stand as an accused. the disposal of MACT case has nothing to do with the pending criminal case. In that case, the Insurance company will be liable to pay compensation and not the accused. In my opinion, this will be an obstacle to process the desired visa, you may check it up with the immigration authorities.