I 485 Immigration Question. I had a arrest record in April 2011 and was found not guilty in August 2011. My employer and

Asked 11 months ago - Pleasanton, CA

immigration attorney from my company does not know about this. I got my H1B stamped without any issues earlier this year. My priority date is very close to becoming current and I have applied for the expungement as well. I wanted to know if I should mention this incident to my immigration lawyer. Can my company lay me off if I tell them about the incident even though I wasnt convicted? What should I do without risking my chances of getting my green card while maintaining my employment?

Additional information

I accepted my current employer's job offer in March 2011 and they conducted the background check at that time. Since I did not have an arrest record at that time it came out clean. I joined my current employer in June 2011. They applied for H1B transfer in June 2011 without any issues.

Attorney answers (5)

  1. Mario Steven Zapata

    Contributor Level 13

    8

    Lawyers agree

    Answered . Please consult with your attorney, since you already have one. If the attorney represents the employer, and you are concerned about them finding out, then seek advice in-person on this matter as opposed to soliciting an answer online. It would be good to know what the arrest was for as well. Also, you should not require an expungment if you were not convicted.

    Lastly, your employer can do a lot of things if you are a at-will employee.

    Good luck!

    Legal disclaimer: (714) 479-1000 Mr. Zapata's response to your question is general in nature, as not all the facts... more
  2. David Eli Larson

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . You should consult with an immigration lawyer, not your employer's lawyer, at this time. When you go to the appointment, take your arrest and acquittal records and all of your immigration records with you. See the link below to AILA for help in finding an immigration lawyer near you. It doesn't sound like you are under any obligation at this time to disclose the incident, but , when you file your I-485 Application for Adjustment of Status, you will be asked to disclose the arrest. Make sure you get certified copies of the police report and the court disposition, not guilty, record.

  3. Wendy Rebecca Barlow

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need to disclose the arrest to your employer's attorney. There will be additional forms that need to be filed in the future, which will require you to indicate whether or not you were arrested. You will also need to submit a certificate of disposition. An expungement will not help for purposes of immigration as you must disclose the arrest. Your attorney cannot provide accurate advice and properly represent you without knowing all the facts. As for what might be the employment consequences, I can provide no input.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  4. Maziar Razi

    Contributor Level 5

    3

    Lawyers agree

    Answered . You should hire your own lawyer to evaluate the case, since the attorney that is representing the company maybe legally obligated to disclose this information to your employer.

  5. Shawn Sedaghat

    Contributor Level 6

    2

    Lawyers agree

    Answered . You should discuss this issue with your immigration attorney and take all relevant reports and documents so that he can discuss issues related to whether you are still remain admissible. As for your employer, it depends on whether you have an employment contract, whether that contract has a clause that addresses your brush with the law and .... These are two separate issues but if your employer decides that they no longer want to "sponsor you", you will certainly have worries related to your immigration case for that, if nothing else. Be honest and upfront with your attorney.

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