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?
3.) Are there any other concerns ?
No. You were not convicted.
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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.
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.
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.
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.
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.
Disclose any criminal record honestly and provide certified disposition of any criminal matters as requested during the process.
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