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H1B Stamping

Cupertino, CA |

Is a background check normal in case if somebody says yes to " Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? "
I am worried if it takes more then 2 weeks to complete then a person can be stuck ?

Attorney Answers 3


WHether you are worried or not, you should the truth.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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You have to always be truthful in a visa application. If an answer "yes", then provide a Memorandum of Law from an immigration attorney, together with a court certified final disposition of your case.

The lawyer's memo should explain why you should not be deemed inadmissible, despite the previous arrest and/or conviction.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Background checks are normal for all cases.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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