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Misdemeanor--> Not Convicted + Case dismissed + Expunged. Will it impact my B1 Visa

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  • Misdemeanor--> Not Convicted + Case dismissed + Expunged. Will it impact my B1 Visa

    Hi, Was arrested for suspected shoplifting 5 yrs back. Hired an attorney and the case was dismissed in couple month. Stayed in US for 2 more years and returned to India for good. After 5 yrs, the case got sealed (expunged) with the help of an attorney.

    Now, I am forced to travel to USA for meetings & Conferences.

    Please help me with suggestions. If this will impact my application for B1. Will my company get to know about the case? Even, if I get visa approved, will this be an issue at port of entry

    -Zee

  • #2
    In the best of circumstances, a B-1 visa is not a slam dunk. That said, your arrest does not render you inadmissible, by the plain reading of section 212 of the Immigration and Nationality Act. Read it.

    Make sure you disclose it in your visa application when they ask about your arrests. Be prepared for your consular interview with certified copies of the arrest records and court disposition.

    The concept of expungement does not exist with United States immigration authorities. They will see it on their computers, no matter how hard you try to seal it. They will expect you to be honest about it, and will brand you a liar if you pretend it didn't happen.

    You are applying for a B-1, not your employer; they don't get a copy of your interview transcript or DS forms.

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