H1B stamp, dismissed marijuana case


H1BHopeful22

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Posted

About a year ago I was arrested for smoking marijuana in public (pl 221.10). I was given a quick ACD as my H1b Application was coming up. The case was dismissed two months later, no admission of guilt or punishment and the case sealed under cpl 160.50. The records were then expunged a week later. I recently got my H1B approved and was going home for an H1B stamp. I have of course mentioned the arrest in my DS-160 application. 
I mentioned this in my form 
"ON AUG XXX 2016, I WAS ARRESTED FOR PL 221.10, SMOKING MARIJUANA IN PUBLIC. THE CASE WAS (CPL 170.56) DISMISSED ON DEC XXX 2016 WITHOUT ANY ADMISSION OF GUILT, PUNISHMENT OR CONVICTION AND THE RECORDS WERE EXPUNGED." 
Now going in for my interview, of course I will be truthful, but I have heard that a simple admission of use to the consulate officer can make me inadmissible. I have been here for 5 years and worked hard to be where I am and would hate to lose all of this because of the most idiotic thing I have ever done in my life. Is there anything else I can go to be more prepared?

 


Anyone else who went through this and successfully got their H1B stamped?

Posted
On 9/30/2017 at 6:04 PM, H1BHopeful22 said:

About a year ago I was arrested for smoking marijuana in public (pl 221.10). I was given a quick ACD as my H1b Application was coming up. The case was dismissed two months later, no admission of guilt or punishment and the case sealed under cpl 160.50. The records were then expunged a week later. I recently got my H1B approved and was going home for an H1B stamp. I have of course mentioned the arrest in my DS-160 application. 
I mentioned this in my form 
"ON AUG XXX 2016, I WAS ARRESTED FOR PL 221.10, SMOKING MARIJUANA IN PUBLIC. THE CASE WAS (CPL 170.56) DISMISSED ON DEC XXX 2016 WITHOUT ANY ADMISSION OF GUILT, PUNISHMENT OR CONVICTION AND THE RECORDS WERE EXPUNGED." 
Now going in for my interview, of course I will be truthful, but I have heard that a simple admission of use to the consulate officer can make me inadmissible. I have been here for 5 years and worked hard to be where I am and would hate to lose all of this because of the most idiotic thing I have ever done in my life. Is there anything else I can go to be more prepared?

 


Anyone else who went through this and successfully got their H1B stamped?

Nothing. Just be truthful and be prepared for a 221G. Also carry all paperwork related to arrest and dismissal.

  • 2 weeks later...
Posted

Hello H1BHopeful22

Did you go to your interview already? Can you share with us what happened?

 I’m in a very similar situation.

thanks,

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