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  1. #1
    Join Date
    Oct 2009

    Default Green Card Application and Dismissed and Expunged Felony Charges

    I was arrested in 2005 and charged with two counts of felony and several counts of misdemeanor while I was still under F1 visa. I went through a couple of hearings and later the case was dismissed and expunged. I was never convicted, fined and didn't do any community service or enter into any diversion program.

    I found a job, went through background check and am currently under H1-B visa. When I applied for the current job and later filled in H1-B application questionaire (a questionaire from law firm to gather info to process H1-B application), the question was always "have you ever been convicted?". So I answered no.

    Now I am about to start green card application. The same law firm has a labor certificate employee questionaire. Now the question asked is "have you ever been arrested...?". I believe I have to answer yes and explain the details even if case was dismissed and expunged. Am I right?

    I am a little worried about whether my employer still wants to sponsor after knowing this. Will the "yes to ever arrested" appear in any forms filed to government to get my green card?

    Any similar case you saw and how it affected green card application?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Green Card Application and Dismissed and Expunged Felony Charges

    You have to answer the question fully and truthfully. Of course your answer is going to be in documents submitted to the USCIS.

    Without knowing any of the facts of the underlying offense, I can't speculate on how the incident might affect your application.

  3. #3

    Default Re: Green Card Application and Dismissed and Expunged Felony Charges

    Correct you need to answer yes truthfully and provide final court disposition letter to show the final outcome of the case.

    Now your company attorney should keep this information confidential as it is attorney client confidentiality agreement by law. Talk to your attorney about it frankly and tell him not to disclose arrest information to your employer.

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