frank_1122 Posted August 30, 2015 Report Share Posted August 30, 2015 Hi , I have been charged for class A felony for pocession of controlled substances in April 2012 in texas , After 2 years of hearings and 6 months of probation with fine my case has been dismissed. I am currently on H1b visa. I am planning to go to india this december. what are the documents i need to produce during my stamping? also is it safe to go at this time. If i want to expunge the case, What are the steps i need to take? Any help is appreciated. Link to comment
jairichi Posted August 31, 2015 Report Share Posted August 31, 2015 All court documents. Even if you expunge all these details are available to immigration officials. Link to comment
frank_1122 Posted August 31, 2015 Author Report Share Posted August 31, 2015 I don't have any court papers stating that my case has been dismissed its just the word of the probation officer i have worked. Do i need to ask my lawyer regarding documents? or is there any other way. Link to comment
jairichi Posted September 1, 2015 Report Share Posted September 1, 2015 I don't have any court papers stating that my case has been dismissed its just the word of the probation officer i have worked. Do i need to ask my lawyer regarding documents? or is there any other way. Get in touch with your attorney who represented your case and get the documents. Link to comment
JoeF Posted September 1, 2015 Report Share Posted September 1, 2015 Note that expungement has no effect on immigration. They can always see the case, even if it is expunged. And you of course always have to list the case on immigration paperwork. Link to comment
century Posted September 1, 2015 Report Share Posted September 1, 2015 You need the certified court disposition documents when u go for visa interview. Also carry the letter from your defense lawyer and immigration attorney which the visa officer can read.. You can get certified court disposition from the courts clerk office.. Link to comment
frank_1122 Posted September 1, 2015 Author Report Share Posted September 1, 2015 Thanks for the responses. Should I contact court for the papers or can i get those from the lawyer. will there be any particular form i need to submit for Visa Officer during stamping. Also will this affect my green card process? Link to comment
century Posted September 2, 2015 Report Share Posted September 2, 2015 Yes contact court clerk office your lawyer will know how to get it. Visa stamping in Ds160 have to fill arrested : Yes , Convicted : Yes. No extra forms required consult immigration attorney. Yes it will affect green card process you have to answer truthfully arrested: yes, convicted: yes and give all court docs.. Link to comment
nonya Posted September 4, 2015 Report Share Posted September 4, 2015 Why were you on probation ? Or was it bail/bond Link to comment
frank_1122 Posted September 4, 2015 Author Report Share Posted September 4, 2015 Why were you on probation ? Or was it bail/bond I was bonded first in 2012 and served 6 months of probation in 2014 Link to comment
deshpremi Posted September 14, 2015 Report Share Posted September 14, 2015 What's the max penalty for your offense? Is it greater than one year? Even if you get it expunged, immigration can see it. So it may help you only from employment perspective. Link to comment
century Posted September 15, 2015 Report Share Posted September 15, 2015 How long have u been in the US when the offense occurrd? Link to comment
frank_1122 Posted September 21, 2015 Author Report Share Posted September 21, 2015 The case happened in 2012 and I got probation on 2014 and it was for 6 months after they told me the case was dismissed. I was never out of country during that period Link to comment
century Posted September 22, 2015 Report Share Posted September 22, 2015 So its a conviction for immigration purposes but for judicial purpose you are not convicted if you expunge the case. Link to comment
century Posted September 28, 2015 Report Share Posted September 28, 2015 Did you get court disposition docs? Immigration lawyer letter and defense lawyer letter? Link to comment
century Posted October 5, 2015 Report Share Posted October 5, 2015 Frank_1122 :: the controlled substance charges and conviction if expunged can be seen by immigration and does not have petty offense exception. Apply for a waiver to be not inadmissible when applying for visa and entering US. Consult immigration lawyer. Link to comment
JimH Posted August 11, 2016 Report Share Posted August 11, 2016 The case happened in 2012 and I got probation on 2014 and it was for 6 months after they told me the case was dismissed. I was never out of country during that period Please share your experience. Link to comment
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