DV arrest

[6363flatrock]

Guys,

I need some help, 

Got arrested for false complaint by my wife, after 4 months, now I have been given ACD (no probation or any type of fine, community service or counselling) , for 11 months and then I can get all record sealed, is this a conviction for immigration purpose? Also during this period, I need to get my (First) H1B stamped, I will say YES for arrest. 

 

Can someone advise if this will be a problem.

 

I am not in US so I have to go for stamping

 

Thanks.

 

 

[JoeF]

Records are NEVER sealed for immigration purposes.

[6363flatrock]

Any advise, will be help full, 

Attorney's anyone!!!

[pontevecchio]

It all hinges on the potential punishment if one were tried and found guilty. In all cases involving an arrest it is extremely advisable to consult a Lawyer. Sealing the records protects you as far as employment checks are considered. In fact if Expungement of the whole record is permitted in your state then do it.

[6363flatrock]

Expungement, is allowed, however i wanted to know if this will create problem for stamping, this is my first H1B stamping ,I was on L2 visa. Will I be granted visa if only 3 months have been passed for ACD, or can the VO ask me to apply after the time have lapsed? 

 

I have not been in trouble with the law whole life and this happened, I have lived and worked in several countries never had a single parking ticket either. I do have police clearance reports from all these countries also, will that help?

 

I am not planning to reconcile with my wife, I do not trust her. will this be a problem if VO ask me the question?

 

 

Please advise!

[pontevecchio]

It does not help you if I say you will have no problem and then you do have problems. Please involve a Lawyer first. If you are not planning to reconcile it is fine to say so.

[6363flatrock]

Thanks, I have today talked to my employer Lawyer (my employer who is an ex FBI also knows about the situation and he's also providing me a character ref letter , don't know if it will help). I will keep posted.