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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Unhappy Was Arrested For Domestic Violence And Applying For H1B

    Hi
    I was arrested for domestic violence last year and was filed as misdemeanor. My case was dismissed after one year and was approved for expungement. I heard back from my criminal lawyer saying that the case was expunged few days back. I am now interested to go to India and i have a approved H1B and i am worried if my H1 may be denied based on my criminal history. Though the case has been expunged i wanted to know if going to india and applying for H1 visa would have any chances for rejection. Should i go to India or not?Please help and give your advise. thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Was Arrested For Domestic Violence And Applying For H1B

    If your record has been expunged, there shouldn't be any problem.

    You should, however, discuss this with an attorney before your proceed any further.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Was Arrested For Domestic Violence And Applying For H1B

    It isn't clear what happened. Was a conviction ever entered? Did you at any time enter a guilty plea on the charge?

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Unhappy Re: Was Arrested For Domestic Violence And Applying For H1B

    Hi Mr. Knowitall
    Let me recorrect myself on the charges that i had mentioned. On my police report, i was charged for "SIMPLE ASSAULT/BATTERY".
    As per my criminal lawyer, i was asked to go through a Pretrial Diversion scheme and was asked to attend anger management class. The court had put a hold to my case till i would finish my anger management class and avoid any future arrest. My criminal lawyer said that i would fall under the category of DISMISSAL WITHOUT ADJUDICATION OR FINDING GUILT.
    Plus he also said that all the documents pertaining to my case are expunged from my record. From the documents i had signed i do not think i had plead guilty on that charge. But i am worried as from Immigration point of view this may be a conviction as i was asked to go on diversion program.
    Could you please advise if there may be any chances that my H1 stamping would be rejected if i go to india to get a visa?

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