Dismissed with prejudice vs without prejudice

[dasherab]

Is there a difference between "Dismissed with prejudice vs without prejudice" for immigration (h1b and green card). If a case is dismissed without prejudice will that be looked at differently? or is a dismissed case a dismissed case? Thanks in advance for your reply!

[JoeF]

For a meaningful answer, you would have to explain the context of the case.

[dasherab]

For a meaningful answer, you would have to explain the context of the case.

I was arrested/finger-printed for "Intoxicated person in/around vehicle (drinking)". I was sleeping inside my car/ no intentions of driving - in a parking lot. I explained my case to the Judge yesterday (did a walk on) and he/prosecutor dismissed my case without prejudice. I need to go abroad to get my H1b visa stamped (my previous one expired) few months ago. Will this be an issue? I heard a dismissed case (didn't pay bail, no fees, no probation - nothing) will not be an issue. Just needed some advise before I go to Canada (I already have a multiple entry visa for Canada - will i have hard time going to Canada) to get my visa stamped. Also, will this incident delay my I485 processing (not started yet).

Really appreciate your time!

[Attorney_23]

In general, you must disclose an arrest when applying for a visa. But, a dismissal is generally not a conviction (unless it was part of a plea deal,) and does not typically serve to make a foreign national inadmissible to the U.S.

[dasherab]

In general, you must disclose an arrest when applying for a visa. But, a dismissal is generally not a conviction (unless it was part of a plea deal,) and does not typically serve to make a foreign national inadmissible to the U.S.

i am absolutely going to disclose this - and I am not too worried about not being admissible - my main concern is the fluidity of the h1b stamping/I-485 process - do you foresee me having to wait in Canada to get my background check done, or something like that to get my visa stamped. Am I certain to get an interview call during I-485 approval. The case was dismissed right away (during the first walk on). Please advise.

Your responses are highly appreciated!

[riddhi234]

You should expect to encounter a delay in stamping whenever you are doing it, either in Canada or in your home country, regardless. You should also expect to get an interview call in your AOS/I-485 approval process.

Now on the positive side, you should expect clearing out in both the situations.

[Attorney_23]

It is possible that a delay could occur. But, with all the proper court records, it may sail through. (That being said, if the initial charges were serious, you may anticipate a more thorough background check, which could delay things -- if the initial charges weren't particularly serious in the first place, I'm not sure how much time the consular officer will want to waste investigating.)

[dasherab]

It is possible that a delay could occur. But, with all the proper court records, it may sail through. (That being said, if the initial charges were serious, you may anticipate a more thorough background check, which could delay things -- if the initial charges weren't particularly serious in the first place, I'm not sure how much time the consular officer will want to waste investigating.)

Appreciate your responses! I was charged with "Intoxicated person in or around vehicle". I was sleeping inside my cae in a parking lot - I absolutely had no intentions of driving. The police record even hints that. Is this considered as a serious charge?

[Attorney_23]

Appreciate your responses! I was charged with "Intoxicated person in or around vehicle". I was sleeping inside my cae in a parking lot - I absolutely had no intentions of driving. The police record even hints that. Is this considered as a serious charge?

You would need to schedule a consult with an attorney to review the statute and determine how it would impact you under immigration law. But, if the case was outright dismissed, it probably does not make sense for you to spend the money for such a consultation.

[dasherab]

You would need to schedule a consult with an attorney to review the statute and determine how it would impact you under immigration law. But, if the case was outright dismissed, it probably does not make sense for you to spend the money for such a consultation.

Yes, the case was dismissed during the walk in (the very first time i went to the court - explained them my intentions). It was dropped due to no evidence.

[dasherab]

Thanks again for your reply! Will I have any issues entering Canada? or should i go to mexico?

[dasherab]

I am also planning on taking FBI background check report and state records with me when i go for stamping....that should help me?

[Attorney_23]

Thanks again for your reply! Will I have any issues entering Canada? or should i go to mexico?

You would need to speak with an attorney who specializes in Canadian or Mexican immigration law. My expertise is limited to U.S. immigration law.

[razoredge]

does murthy handle criminal immigration related cases?

[Attorney_23]

does murthy handle criminal immigration related cases?

Yes, absolutely. We do not represent people in criminal matters; but, we do have attorneys who specialize in issues related to the immigration impacts of criminal convictions.