Can Shoplifting Arrest impact the Green Card PERM Process?

[johnkeesara@gmail.com]

I was arrested 2 years back, finger printed and that case got dismissed due to lack of evidence. Later my H1b got approved and working as full time for Financial Institution.Now, My employer wants to process my GreenCard, starting with Labour PERM process in EB2 category. 

1) Do I need to diclose the arrest record during PERM process? 
2) Will there be any issues due to my arrest during this PERM process? 
3) My employer does not know about my arrest record. Will there be any chance that my employer would know about this?
4) Company Lawyer or employer will perform any background check before filing PERM process?

[JoeF]

You need to disclose this. Hiding it would result in a denial.

If it was dismissed there shouldn't be any issue.

[pontevecchio]

What was the charge? In any case if the case was actually dismissed you have no worries. If asked you have to mention arrests.

[crazytreat]

Hello All, 
I am around in the same situation where My current company is ready to start the GC process. I had an arrest record in Missouri when I used to live there but now moved to Ohio. I am wondering that when I have to disclose about my case to the attorney? The case is "dismissed without prejudice". Is it at the time of Form -485 (when my priority date will be current) or anything/form before that?

Any help from site/members will greatly be appreciated.

Thanks in advance for help..

[JoeF]

You have to tell the lawyer. Hiding it could result in lots of problems.

 

[JimH]

On 1/6/2017 at 6:09 AM, crazytreat said:

Hello All, 
I am around in the same situation where My current company is ready to start the GC process. I had an arrest record in Missouri when I used to live there but now moved to Ohio. I am wondering that when I have to disclose about my case to the attorney? The case is "dismissed without prejudice". Is it at the time of Form -485 (when my priority date will be current) or anything/form before that?

Any help from site/members will greatly be appreciated.

Thanks in advance for help..

I think it varies company to company. My company attorney did not ask me anything about arrest details at the time of PERM filing. I got arrested one month after my PERM filed. I also filed I-140 and H1B extension after PERM. Everything got approved while the case was still pending in the court.

As per USCIS forms for filing PERM, I-140 and H1B extension there are no questions related to arrest but your company may ask those details and in that case you have to tell the truth. Remember you don't have to inform if they don't ask you about the arrest :)

Hope it helps!