chackraj Posted August 9, 2018 Report Share Posted August 9, 2018 Hi, Last November, I was provided with a citation for Misdemeanor child abuse. Long story short, the case was dismissed and the record was recently expunged. There was no conviction, no arrest and no probation only a citation was given. My employer wants to start the process of filing Labor certification for me. I have a few questions regarding that Is there anywhere in the ETA 9089 form that I should mention the criminal citation.? I dont see any specific questions regarding criminality in ETA 9089. Will the US Department of Labor be able to view my record similar to Immigration authorities at Port of entry even though it is expunged? Will this citation create any issues for my PERM processing? Thanks Link to comment
JoeF Posted August 9, 2018 Report Share Posted August 9, 2018 DOL may not, but USCIS can see it. They can see even expunged cases. Be forthcoming with this to the lawyer. Link to comment
chackraj Posted August 10, 2018 Author Report Share Posted August 10, 2018 Thanks Joef. I plan to be forthright about the citation to my attorney. However wanted to know if this citation will have a significant impact on the rejection/audit chances of my labor certification. Link to comment
Provence Posted August 10, 2018 Report Share Posted August 10, 2018 You should indeed be forthright and factual with the application, irrespective of it's impact on a visa petition. Reviewers decide on the merits and whether or not to make an issue of a particular topic. Link to comment
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