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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105578
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, I need an immigration advice in H1B stamping with dism

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Hi, I need an immigration advice in H1B stamping with dismissed.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



So what would you like to know?
Customer: replied 3 years ago.

Hi, three years back, I got citation for solicitation of prostitution, I did nothing, I was afraid there being nervous, the police charged me of this charge, I went to court, pleaded not guilty, later they offered me to take classes such that it will get dismissed, so I took classes and dismissed the charge, record was sealed. Later I finished my studies, got job, applied H1B and got approved, going to home country now for visa stamping. I am afraid, how this will it effect in my VISA and Port of Entry. What should I carry to the visa interviewer. Will I get Visa? Please advice.

Well, that it was sealed does not matter. Not even if it was expunged. The attorney that did that for you had to explain to you that the government can ALWAYS see that arrest and charge. You can deny it to any private individual and most private companies, but you cannot deny it exists to the U.S. government. If you did that, they could deny you for being dishonest. As to whether or not they would deny your H-1B stamping if you were to disclose which you have to do anyway, well, they should not. There is no guarantee. Your H-1B status is a discretionary benefit, but because the criminal case was dismissed, they should not deny you stamping. You should obtain certified copies of the police report and court disposition and perhaps some letters of good moral character. This should get you the best chance of approval of stamping. OR, if you can avoid stamping and just apply for an extension in the U.S. and not leave, you could do that as well. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
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