Travel back to US on proven not guilty

[chris22]

Hello Experts,

I had been arrested in 2015 for shoplifting and imposed with misdemeanor charges. This incident was occurred when am with couple of other students. One among them checkout items and came back and added few other items and went out without billing them. Since i was along with them they arrested me as well. Later on we hired an attorney and after 6 months my case was dismissed in the court and i was proven not guilty. But I paid for civil penalty.

' After all this i had been approved with H1b and had to go to India. Since this is my 1st H1b i had to attend interview at the Consulate. Assuming that i was proven not guilty, i didn't mention that am arrested on my DS form'. (Which later on i realized that i made a mistake post interview).

Interviewer asked me details about my client employer and all and finally asked me if i was Arrested. I said yes and explained when and how it happened. She was not convinced and said  that i misrepresented under the law in DS Form and returned back my passport and gave me a 221g white slip with ADMINISTRATIVE PROCESSING. later on she asked me if i had any supporting documents for the arrest. Then i handed over my court dismissed documents and seal of my records (Expungement). Then a case number was given to me to track my status on line.

After 2 weeks I got an email from embassy asking for my passport and in couple of days or so my visa is issued. 

Am traveling back to USA in couple of days, so please help me if I have to prepare or have to carry anything for customs and border protection to clear my port of entry.....

And do I have to declare anything while traveling in the flight in declaration form?

Would really appreciate for your suggestions 

[giri26]

You might well be taken for a second round of questioning at the POE. Better to keep all your paperwork handy with you and answer truthfully. Remember for future applications, always mention arrest records. Arrest records are never sealed for immigration purposes.

[hodor]

how long does it take for the visa stamping ? 

[natan111]

The case was either dismissed or you were acquitted (found not guilty). There's a difference between the two. For immigration purposes what counts is whether you entered a guilty plea or were punished in any way. Either way, if the consulate was okay with you and your dismissed case, so will the CBP. Have the same documents on you and you'll be fine. 

[Denero]

Hi, all the best for you POE experience and don't forget to post your experience at POE. did you get any RFE during H1B approval?