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murthy.user

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
grammar

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Hi,

        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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