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Is arrest after petition for factual innocence 851.8 c after 647(b) still visible on the immigration records for H1B visa/GC?

San Francisco, CA |

I need to get my H1B renewed in a few months and I am contemplating getting a 851.8(c) to obtain my PFI so I do not have issues with visa offices and point of entry. Will my arrest from the past still show up despite having a 851.8c (seal & destroy) successfully petitioned?

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Attorney answers 3


Everything counts with immigration. You must inform USCIS of these charges, but your favorable outcome will help.


You always have to disclose to Immigration or the US consulate overseas any arrests. The positive outcome of the case will count in your favor.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Any and all arrests have to be disclosed when applying for anything with either Immigration or US consulate abroad.

Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message. I cannot provide reliable legal information without a full consultation. The information contained herein is thus not intended to create an attorney client relationship.