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Ds160 application for dui expunged case

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  • Ds160 application for dui expunged case

    I need help with a question for DS160 application for H1B stamping.

    I got DUI in Jul 2013 (BAC .08). I did Diversion program that I successfully completed in Sep 2014. My DUI was expunged in Jan 2017.

    I am on H1B visa now and never had H1B stamping in India as I entered US on F1 visa and changed my status to H1B in US only. I am planning to visit India in Apr 2017 so would be going for H1B stamping.

    My question is: what do I need to write in "have you ever been arrested?" question in DS160 form? Should I say no since my case is expunged or should I say yes and give details and mention that my case is expunged.

    Thanks in advance for your help.

  • #2
    you have to disclose all the details

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    • #3
      Originally posted by inadmissible View Post
      you have to disclose all the details
      my lawyer told me that once the records are expunged then they are deleted from every system. If I enter "yes" then they may look for details of that incident which they wouldn't be able to find and my case may go to "Administrative Processing".

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      • #4
        Your immigration attorney is an idiot

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        • #5
          To expand on my previous statement, expungement does not eliminate the immigration consequences of conviction. See http://cdn.ca9.uscourts.gov/datastor...mig_west/D.pdf

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          • #6
            Originally posted by inadmissible View Post
            To expand on my previous statement, expungement does not eliminate the immigration consequences of conviction. See http://cdn.ca9.uscourts.gov/datastor...mig_west/D.pdf
            Thank you for clarifying. I have one more question: can I do panel physician medical examination before H1B visa interview appointment and carry it with me for the visa interview?

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