4 months ago, I was convicted of simple assault (misdemeanor- it is a crime not involving moral turpitude). Have another 2.5 years of summary probation. I'm currently on F-1 student visa and due to STEM extension, will be eligible to work for another 2 years without sponsorship. However, I will need a H1B after that (in 2015 April). Should I consider expungement of my record 15 months from today when I will be half way through my probation and eligible for expungment? Will expungment have a positive effect on my chances of getting an H1B visa approval from the immigration office? Or should I just focus on working for 2 years and leaving this country after that? What are my option? Thank you!
Expungement does nothing, USCIS and ICE will see your record when you do the biometrics. You will need to explain the arrests and convictions, with your crim file destroyed - not an easy task, I would not advise you to expunge the record until you naturalize.
I do not see what could push or trigger USCIS to review your crim record while reviewing the H-1b. However, it will be an issue if you decide to apply for the LPR status.
I agree that simple assault is almost always not CIMT.
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