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H1B stamping experience with arrest record

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This forum has been helpful to me in the past so I want to share my experience and hoprfully it will help other people in similar situation. 

I am on H1B VISA. I was arrested charged for solicitation of prostitute. Charges were dropped by prosecutor after I took a class and did community service. I got my arrest sealed/expunged. After that I  went for VISA stamping to my home country and took the following documents:

  • Letter from my attorney summarizing the case.
  • All the certified case documents from the court. 
  • Certified criminal report from my state - it showed that I didn't have any record.
  • FBI criminal report after the case was sealed at state level. My report had  no arrest record. Link with details on how to apply for report: https://www.fbi.gov/services/cjis/identity-history-summary-checks  

I had mentioned my arrest in DS-160 and I was asked about it during the Visa interview. I explained that I was arrested/charged, then the case was dismissed/expunged. I gave certified copies of the case documents. I was also asked if I served any jail time which I did not. After that VO issued me the VISA. 

At POE, my arrest did not show up so I was not asked about it or taken to secondary inspection.

I hope this helps people in similar situation. Please don't send me any more questions, I am not a lawyer. Every case is different and also every state has different laws so get a good attorney in your state. 


Edited by murthy.user

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        Would help if you can let us know on when you went for stamping. Given the progressive tightening of the visa processes, might help a lot of us.


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Hi Murthy.User,

First off, this is a really helpful post, Thank you.

Can you reveal which state this was in? I was told by my lawyer that once the fingerprints are taken they are forever in the fbi database.

For the attorney letter - was it your criminal attorney or your immigration attorney?

What is the certified criminal report from the state? 

Are the court documents certified by the court clerk or do they need to be notarized?


Thank you in advance.

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