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Does the immigration officer (or can be referred to immigration consul) have access to the non-public record?

East Lansing, MI |

I am wondering to know, whether immigration consul have/can access to the non-public record, which the case has been dismissed without entering a plea guilty and not even entered to court to be judged. And does the court have a detail information about the dismissed case? I mean, they have like all the statements and specific record of drug test, even though the case has been dismissed more than 2 years?
Just wondering; however I would like to know the clear and precise answers.
Thank you all and have a nice day :)

p.s) a client has successfully completed the diversion program and eventually, the case became dismissed.

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Attorney answers 4


Questions on immigration forms are very specific. If someone was arrested, they need to disclose it and provide a disposition. A dismissed criminal case may have no impact on the person's ability to obtain an immigration benefit, but lying about an arrest will certainly have a negative impact. Consult with an experienced attorney individually.

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


I'm not sure if you are an attorney or the applicant. In both cases, I don't recommend you proceed as you are. You need an experienced immigration attorney because your question suggests you are contemplating committing immigration fraud, or at least misrepresenting the facts. Assume that immigration knows everything. Disclose everything. Yes, this counts as a conviction for immigration purposes even with a diversion. It may or may not be a crime involving moral turpitude. Tread carefully and don't assume any immigration case is straight forward.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


They will have access to the arrest record, contact an immigration attorney before you file any immigration forms with the U.S. government.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.


Immigration officers have access to a lot of information although it is not clear what all documents were created. To say the least posts on this forum are public.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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