Green card PERM process with Arrest Record

chandrapantla

By chandrapantla,
in Criminal Issues

Recommended Posts

chandrapantla Newbie

chandrapantla

Posted
Posted

I am on H1b visa and my employer is filing Green Card process starts with PERM. I had an arrest record 2 years ago for petit larceny and it was dismissed due to lack of evidence. After that employer processed H1b, got it successfully (stamped in India). But now, PERM process started. is there any possibilility that my employer would know about my arrest record?  Disclosing the arrest record during this process is required? I know that durign I-485, this needs to be disclosed to UCISIC. But will there be any chance to mention this during PERM or I-140 stages?  

 

Anybody has experienced any issues during the PERM process?

Link to comment
pontevecchio Advanced Member

pontevecchio

Posted
Posted

Dismissal due to lack of evidence is no major issue. But always mention it where asked. In fact you should have mentioned this to your employer as you did no wrong. You do have disposition of the case and hopefully the charges were dismissed with prejudice. You need to avoid this forum and get a Criminal Lawyer involved to ask about the matter and if necessary, damage limitation. I am not going further as there will be a drumbeat of contrary Reponses

Link to comment
forum6543 Member

forum6543

Posted
Posted
12 hours ago, chandrapantla said:

Thanks for all your responses.  Do I need to disclose this to my company lawyers? I am not sure what would happen, if I disclose to our company lawyers. There is a Lawyer's questionnaire asked for this question.  Please help me whether they do any background check before filing PERM or I-140? Please help?

Yes you need to check yes . if they are ask for explanation , just explain that it was dismissed and  provide them court documents if they ask. my perm got approved with arrest record in the past. 

Link to comment
chandrapantla Newbie

chandrapantla

Posted
  • Author
Posted

Thank you for your response. This Lawyer questionnaire (arrest question) will be used for PERM and I-140 process too?  I am worrying that if this is revealed to lawyer, it will be revealed to employer also, then not sure about my employment. 

You said. your PERM got approved with arrest record? Did you say YES to your company lawyer during the PERM process?  What will be the impact if I do not disclose this during the PERM and I-140 phase and disclose it later at I-485 process?  

Thanks in advance for your response.

Link to comment
JimH Advanced Member

JimH

Posted
Posted
On September 21, 2016 at 4:30 PM, chandrapantla said:

Thank you for your response. This Lawyer questionnaire (arrest question) will be used for PERM and I-140 process too?  I am worrying that if this is revealed to lawyer, it will be revealed to employer also, then not sure about my employment. 

You said. your PERM got approved with arrest record? Did you say YES to your company lawyer during the PERM process?  What will be the impact if I do not disclose this during the PERM and I-140 phase and disclose it later at I-485 process?  

Thanks in advance for your response.

1) My company uses specific law firm for all immigration matters. I did get questionnaire before filing PERM but it did not have any question related to arrest. Also I did not have arrest record at that time of my PERM filing. It happened one month after I filed PERM.

2) For I-140 filing, they did not ask me anything. I was just asked if I want to do in premium or regular. I opted for premium and it got approved in 2 weeks.

3) I even filed for H1 extension after my I140 approved and there was no question related to arrest record and my H1 extension got approved in 2 weeks.

May be it is your company policy but in my case, I did not have to disclose about arrest record for any of the above. 

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing