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Can I get my H1B visa with arrested records?

Immigration 2 views 3 answers
I am going back to China to get my H1B visa, however, I was arrested for simple battery in Dec 2011, and the case was dropped and the records were expunged. I know I have to check "arrested" box on DS160, but is there anyone lawyer can tell me what should I tell the VO, do I need to bring any records with me, and will s/he let me get the H1B visa? Thanks very very much!

Attorney Answers

3
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You have to disclose all and any of your criminal record honestly to the U.S. immigration authorities, despite the fact that the record was expunged. Since you shall disclose the existence of the prior minor record that did not result in any conviction, be prepared to present a Certified Criminal Disposition from the court where the original criminal case was dismissed for want of prosecution, SOL, without prejudice etc.(the variants in the legal language mean the same thing-no conviction) and give that to the Consular Visa Section officer to show absence of a criminal record. It goes without saying that you need to discuss that plan with a live counsel in details.
0 upvotes
Dhenu Savla ·
I sincerely hope you got a certified court disposition before expunging the case. If so, take it with you. If not, you may be required to reopen the case. Dhenu Savla, Esq. SwagatUSA, LLC www.swagatusa.com/attorney
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Mary Kathleen NealImmigration AttorneyChicago, IL ·
If this was an Illinois arrest, I hope you kept a copy of the certified disposition. Since you were not convicted, the arrest itself may have no effect on your immigration. However, you are required to supply information about your arrest to immigration officials, and not having the records could cause problems. Immigration officials do not care about expungement, to them it is just still an arrest.
0 upvotes

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