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H1B stamping and green card processing with arrest records dismissed

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  • H1B stamping and green card processing with arrest records dismissed

    Hi,
    I am on H1B visa. I have 2 arrest records:
    1. Domestic violence assault and battery. Result: dismissed
    2. Violation of restraining order (a text message was sent by mistake). Result: dismissed
    Both incidences were minor, no harm to victim. They were dismissed. I also have multiple certified copies of police and court records for both arrests. My questions below:
    A) If I expunge both the arrest records, will there be a problem in my H1B visa stamping or port of entry or while crossing US border by car to Canada?
    B) If I expunge both the arrest records, will there be a problem when I file for green card?
    FYI - I am talking about expunging and not sealing.

    Please let me know.
    Thanks!!

  • #2
    While expunging records may work for job / other background checks, they do not apply for immigration.
    If ever asked, you must list them (even if a record was expunged, dismissed, sealed etc)
    So if a visa officer asks, you need to let them know and explain it was expunged. Show court records as proof. Same applies for CBP @ border.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Thanks R78!

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