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nysc

reentering with dismissed/expunged felony charges

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When I was on F1, I was arrested for some felony charges involving moral turpitude. After a few hearings, all charges were dropped and records were expunged. There was no fine, pre-trail diversion, probation or conviction.

I haven't been outside U.S. ever since and I am on H1 now. I am thinking to drive to Canada and back in a couple of days with visa auto revaliation. But it seems very risky. My re-entry may be delayed or denied due to my history.

I see there is a waiver of visa ineligiblity. Can I apply for it while in U.S.?

Any suggestions for my trip to Canada or home where I have to apply for H1 visa? I fear not being able to come back. Maybe I need to avoid any international travel until if I can get PR or citizenship.

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If a person is charged with a criminal offense but all charges are dropped, the individual would not be deemed inadmissible or need a waiver to re-enter the U.S. However, for any government forms, etc, that ask about previous arrests, this must be disclosed. And, this only applies if the charges are dropped, not in cases where there is a plea deal, etc.

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Do I have to disclose a larceny charge while filling i539 even before the court hearing?My criminal lawyer says she can get the case dismissed outright.

 

Any help would be appreciated.

 

Thank you!

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