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Is an arrest going to effect my H1-B visa stamping even though the case was dismissed with no conviction and no guilty plea?

Cleveland, OH |

I was involved in a retail theft because of a friend of mine. I was arrested but not finger printed( state of Ohio) and later was given a court date. I hired an attorney to represent me who negotiated with the prosecutor and the retail store representative who decided to drop all the charges if I attended a theft diversion class, which I did and the case was dismissed with no conviction and no guilty plea as the charges were dropped and the case was expunged. I was also given an official copy with all the above mentioned details by the court. Now my questions are:

1)Will this effect my visa stamping process ?
2.) Do I have to disclose the arrest( as I was not fingered and the case was dismissed as the charges were dropped) on DS-160?
3.) Are there any other concerns ?

Attorney Answers 8

Posted

1)Will this effect my visa stamping process ?

It won’t. But you need certified copies of those records.

2.) Do I have to disclose the arrest( as I was not fingered and the case was dismissed as the charges were dropped) on DS-160?

Yes.

3.) Are there any other concerns ?

No. You were not convicted.

JP Sarmiento
Free Consultations (email /phone/in-person)
(216) 573-3712
jp@sarmientoimmigration.com
www.sarmientoimmigration.com

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Posted

Yes, you need to disclose the arrest. Show all the paperwork to an experienced immigration attorney before you attempt to obtain a temporary visa. Please see

Mr. Shusterman's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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16 lawyers agree

Posted

You absolutely have to disclose this arrest. If you did not plead guilty, and were not otherwise found guilty (facts sufficient to find guilt plus a deferred sentence), it wont affect your eligibility. HOWEVER, if you lie about it - that would be misrepresentation to obtain an immigration benefit, and that would affect your eligibility.

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10 lawyers agree

Posted

You must disclose the arrest. The immigration consequences of an arrest will depend on the exact nature of the charge and disposition. Bring your court records to an experienced immigration attorney before taking any further steps.

Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.

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1 comment

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

True.

Posted

It will affect it, you do have to disclose it, and it should not prevent you from getting the visa or being admitted to the U.S.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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1 comment

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

It will affect the visa process and may prevent you from getting it.

Posted

Yes. You must disclose. I disagree with one of the attorneys above who suggests that the absence of a conviction means it is not an issue. The immigration consequences of some criminal offenses are based on what the person did not what they were convicted of. Retail theft is one such offense. If you have NO OTHER criminal issues, here or in your home country, this offense may fall within the "petty offense exception". You should have a detailed conversation with an immigration attorney who will anticipate all the questions you will be asked by the consulate or CBP officer. Be prepared.

You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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Posted

Disclose any criminal record honestly and provide certified disposition of any criminal matters as requested during the process.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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3 lawyers agree

Posted

You must disclose.

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