H1B Visa Stamping with Arrest record(expunged) in Jamica Kingston


abhi.aleti007

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Hi,

 

I am planning to go for my first H1B VISA stamping to Jamaica Kingston. I have been arrested One and half year ago for Battery(pushing the other person). As this incident is a minor one, I was eligible to apply for the expunction, I followed all the procedures and now the record is completely expunged. My attorney in this matter suggested that, as per statute (943.0585 section 4) I can lawfully say NO to the question "Have you ever been arrested". Clerk of court where this occurred also told the same thing that if the record is expunged, lawfully I can deny the arrest record.

 

But when I contacted immigration attorney's, they are strongly suggesting not to hide any arrest records. If USCIS does not have any information on expunged records, then I voluntarily do not want to provide info on my arrest record. At the time of arrest they take finger prints, once the record is expunged all info including fingerprints will be deleted. Now the question is does USCIS have access to those expunged arrest record finger prints  or not?

 

Please provide your valuable suggestions.

 

Thanks,

Abhi

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I don't think even putting it in DS 160 will cause issue. My friend was arrested for driving without license and the case was cleared in court but is still in records. He mentioned it in DS 160. He still got his visa.

This is not a legal advise but what i know from my friend.

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