Arrest record, without conviction and applying for visa

[walkoffshot 0]

I posted this in the general forum and was advised I may get a better response here...

This question applies to both an H1B and visa through marriage...

About 7 years ago I was pulled over and arrested. I do not remember the reason for the original stop, but I was here in F1 status and was driving my Canadian vehicle, plated in Canada while driving with my Canadian license... all of which are legal. I did not have my license on me and the officer was unable to pull up my plates (obviously because they weren't registered being Canadian). He took me to the station, aka arrested, and had me fingerprinted and sent me on my way with the condition that I provide documentation of my license the next day... which I did.. and everything seemed fine. Come to find out that I do have an arrest record after fingerprinting for a school application. I talked with the courthouse and my file says "driving without a license" and that I plead guilty... but the case was dropped and considered "void" which is what the clerk said to me. My criminal record (through fingerprint check) shows that I have 1 arrest on file, but NO convictions... and the charge is listed as "driving without a license" and that prosecution was not filed. I should also mention that a basic background check does not show anything on my record related to this incident... it is solely the fingerprint background check that pulls this.

My question is.. I am still in the US, have graduated with a master's and am seeking employment currently on OPT. Will this "arrest" without conviction cause me any problems in the future if my employer files for H1B or if I plan to get married to my US girlfriend of 3 years? I do have an immigration lawyer, but I have not talked with him about this... and I do realize he will most likely be needed during this process to make things go smooth... In the meantime, I am just curious and looking for any advice, and if I should be getting on this sooner than later (my OPT will expire Jan 2016).

Thanks for the help!

[aaron2020 11,651]

Immigration forms require you to disclose arrests, so you will need to disclose your arrest. Being convicted or not dies not matter. If asked if you have ever been arrested, then you will need to disclose it.

[walkoffshot 0]

Thank you for your reply.

I do understand that it will need to be disclosed.. this is government we are talking about after all. If I need to disclose it to a potential employer, I am 100% certain it will need to be disclosed for GC. My question is simply... will MY CASE in particular cause me problems (ie. delay in EAD or GC, potential for denial etc)?. My case is very benign... and most likely a product of simply being Canadian driving around the country without a registered vehicle... albeit still very legal. It was not a misdemeanor DUI or anything serious... minor offense, a "local ordianance" if you will. I am sure that this process will not just look at the arrest... but rather what it was for (ex local ordinance) and whether or not it was a conviction to gauge the severity of the case... which I am sure plays a role in the approval/denial process... someone correct me if I am wrong.

My biggest fear is obviously denial because of this "arrest". It scares the doo-doo out of me, but I have a hard time believing that this will be an issue that keeps me from the US... considering I have obtained another F-1, and OPT without this even being questioned. I know that is a little different but it just seems like my case was nothing other than a simple benign case that should have never resulted in an arrest... I digress. With all this in mind, and when considering legitimacy of my intent to stay here... I have gone to school here for almost 8 years now, have never had issues with the law (other than that above), my girlfriend of 3 years in which we have all sort of documentation to prove a legit relationship.

Any other help would be much appreciated! Keep in mind that I am aware that each case is different, and I am sure ANY case is subject to denial... I am just curious if anyone has an opinion on that matter of if I am a sitting duck or if this is the least of my worries.

Edited January 17, 2015 by walkoffshot

[Hypnos 6,576]

Provided you declare it on forms when requested (on the I-485 and N-400 most notably) then it shouldn't be a problem.

Obtain a certified copy of the disposition of the case from either the arresting agency or the court showing that even though you were arrested, no charges were filed. Keep this for your records and future use.

Edited January 17, 2015 by Hypnos