century Posted July 3, 2015 Report Posted July 3, 2015 i got citation ticket fir 647b solicit prostitution i am on h1bvisabeen in US for less than 5 years 3.5 yrs this is my first offense and no previous criminal records. i got arrested and booked and photo finger print taken. There is 2 months to appear in court. I hired defense lawyer and he told mycase can get dropped or moved to infraction and case can get erased from my records. My arrest record might be still there.. Can i get arrest records erased by court?? Will i have issues with h1b extension? I am applying for I140 in few weeks will that cause issues?? Please reply
jairichi Posted July 3, 2015 Report Posted July 3, 2015 Your arrest records will always be available to immigration authorities.
JoeF Posted July 3, 2015 Report Posted July 3, 2015 For immigration, the arrest record will always be visible, even if it is expunged.
century Posted July 4, 2015 Author Report Posted July 4, 2015 If i tell truth for h1 visa stamp or GC 485 will i be given visa or GC because i did not hide anything??
century Posted July 4, 2015 Author Report Posted July 4, 2015 Will i be questioned all the time when i get in POE?? If my case was dismissed or dropped?
century Posted July 4, 2015 Author Report Posted July 4, 2015 Can i switch jobs and will my arrest records be visible to employers who do background checks?
pontevecchio Posted July 4, 2015 Report Posted July 4, 2015 You Have to discuss the matter with an Immigration Lawyer, maybe the firm of Murthy or a Local one in CA.
JoeF Posted July 4, 2015 Report Posted July 4, 2015 It may still cause problems. If you lie, though, you won't get a GC ever because of misrepresentation of a material fact. Rule #1: Never lie to immigration officials.
century Posted July 4, 2015 Author Report Posted July 4, 2015 Can i seal the arrest records if case is not convicted?
jairichi Posted July 4, 2015 Report Posted July 4, 2015 If i tell truth for h1 visa stamp or GC 485 will i be given visa or GC because i did not hide anything?? Telling the truth is not an option. It is mandatory. A decision will be taken by VO.
century Posted July 5, 2015 Author Report Posted July 5, 2015 Since its a first offense can my defense attorney talk to DA and get case dismiised or dropped or reduced to infraction disturbance of peace.. Can infraction be a problem for job background checks?
century Posted July 5, 2015 Author Report Posted July 5, 2015 Can a non US citizen who stayed less than 5 years go for plea bargain for a single CIMT like solicitation of prostitute and the DA reduce the charges to infraction? Will i be deported?? Please reply give me honest ans
century Posted July 6, 2015 Author Report Posted July 6, 2015 Good news a single CIMT misdemeanour conviction by non US citizen in california will not be deported back if max penalty is less than 364 days so i can plead guilty and reduce my charges
century Posted July 6, 2015 Author Report Posted July 6, 2015 If my charge is reduced to disturbing the peace infraction will i have problems to get job in US?
century Posted July 7, 2015 Author Report Posted July 7, 2015 Can green card or citizenship or h1b visa stamping in india be enied by USCIS if i have only a single arrest for 647(b) solicit prost. And case dropped and not convicted? If case got reduced to infraction because of plea bargain will the GC or Citizenship or visa stamping be denied by VO? Please reply anyone please i need help Century!
JoeF Posted July 7, 2015 Report Posted July 7, 2015 You need to discuss your situation with a criminal lawyer and an immigration lawyer. Fact is that all arrests and convictions are visible to the immigration officials, forever.
century Posted July 7, 2015 Author Report Posted July 7, 2015 I already hired a criminal defense lawyer who will fight for the case.. The firm has immigration lawyer who will hrlp me to resolve the case without causing problems to my visa staus and GC ., i am taking opinions from different persons who had similar experience and share it with me Please share if snybody had experience with h1b stamping or GC or citizenship
century Posted July 8, 2015 Author Report Posted July 8, 2015 Is the new CA law penal code 18.5 or SB 1310 not to deport non citizens who is convicted for the single CIMT followed by the courts in CA? I need petty offense exception to make me admissible too. This is ruining my career and prospects here .. I am worried now
century Posted July 8, 2015 Author Report Posted July 8, 2015 Any one please help me i have lawyers working on my case but i need other inputs too..
pleaseforgive358 Posted July 8, 2015 Report Posted July 8, 2015 Same case here. Solicitation in WA. Hired a local lawyer who is working on my case. I need to discuss with people here.
pleaseforgive358 Posted July 8, 2015 Report Posted July 8, 2015 From my research. Whatever the arrest for - Solicitation stays the same for Immigration. Whether convicted or not does not matter. Reducing the charge to something else or deferred prosecution etc. (different words/terms) but it all means the same: This will help if we continue to live in the US as when employers run checks they will see a different charge. However, for immigration it is what the arrest was for.
JoeF Posted July 8, 2015 Report Posted July 8, 2015 You need to discuss this with your lawyer. Your lawyer would know about the applicable laws.
rahul412 Posted July 8, 2015 Report Posted July 8, 2015 This is ruining my career and prospects here .. I am worried now Didn't you thought about your future when you were trying to solicit with prostitute? You have an attorney, let him handle the case. He is the ONLY best person you have now, personal exp differs from case to case.
century Posted July 9, 2015 Author Report Posted July 9, 2015 Pleaseforgive358 please let me know your case results with your attorney. I am working with attorney to get my case dropped completely before court appearence
pleaseforgive358 Posted July 9, 2015 Report Posted July 9, 2015 As far as I have read in forums most have gotten away with 1 count. However, user: ramamuthulla's recent post: "H1B visa stamping with criminal record" experience is scary. This person was found "not guilty" in his words yet h1b rejected for CIMT in the interview: now we do not know if the prosecutor declined to charge/ was charged and took a diversion/ was charged - went to trial and acquitted / not charged because there was no evidence. He hasn't replied since so we do not know. But it gives a good example to how serious this is and should be taken. I also read somewhere that if the length of stay in the US has been less than 5 years then - deportable/inadmissible. Now, the other thing is irrespective of whatever the result(convicted/not convicted) is after the arrest/citation there will always be a question at port of entry and interviews as to what happened from a law enforcement officer. Whatever comes out of your mouth (in other words your response in any form or action) is what determines what happens next. If you incriminate yourself in the slightest way .. then there you go.. your not guilty thingy goes in vain. This also applies to let's say if there was no arrest nothing and if there was a casual question let's say did you do this/ or have ever done this and if your short/long reply in any way means an affirmation -- you are held for it. Which is why they say never TALK without an attorney. Or if you don't have an attorney say I want to remain silent. inbox me. Thanks -pleaseforgive358
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