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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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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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Thank you so much @murthy.user. I was in the same boat as yours and i went for my visa stamping and got my visa approved by taking the documents you mentioned in your post. Very helpful. Thanks again.

 

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On 7/5/2018 at 1:42 AM, murthy.user said:

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. 


 

I'm surprised your FBI criminal report has no arrest record, because you've sealed that?

I think FBI will access to whatever of our experiences, regardless of expungement or not.

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On 11/21/2018 at 3:56 AM, Rational2 said:

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.

I don't know how FBI database and State criminal database is linked and I am only sharing what my report shows. I did come across the following info on the FBI website:

https://www.fbi.gov/services/cjis/identity-history-summary-checks

Quote

Several states maintain their own record system. Record updates are made at the state level only, so the FBI cannot change its records. Instead, the FBI accesses the state’s system for authorized purposes to review the record. Contact information for states maintaining records at the state level is provided on the State-Maintained Records listing.

My state is one of the states that maintains its own records:

https://www.fbi.gov/services/cjis/identity-history-summary-checks/state-maintained-records-listing

 

Attorney letter was through my crimmigration attorney (one who practices both criminal and immigration law)

 

You can get certified criminal report through your state's police department.

 

My court documents were certified by court clerk.

 

 

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On 2/13/2019 at 8:30 PM, Thankfulbob said:

Thank you so much @murthy.user. I was in the same boat as yours and i went for my visa stamping and got my visa approved by taking the documents you mentioned in your post. Very helpful. Thanks again.

 

Congratulations, I am happy my experience/research helped you out.

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On 5/14/2019 at 3:02 PM, goodluckguy111 said:

I'm surprised your FBI criminal report has no arrest record, because you've sealed that?

I think FBI will access to whatever of our experiences, regardless of expungement or not.

I am only sharing what my report shows. 

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Heyy@murthy.user your are so lucky and you have given hope to some many people. Thanks for the info.

Could you please tell me when your arrested then they took fingerprints of you.

Because i am on the same situation.i was fingerprinted at the time of arrest even i am planning to seal/expunge the case. After completion of that i want to change the employer.The thing is i have to face the fbi background check.

 

Hope you understand the situation Thank you in Advance. 

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