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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118087
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband had a Domestic Voilence case due to some

Customer Question

My husband had a Domestic Voilence case due to some misunderstanding by Police. We are immigrants and did not quite understand what Police was saying. Before the SA, I rubbished the Police claim. The case against my husband was dismissed with Nolle Prosequi,
no plea or any bargain of any sort. He applied for Expungement of records that would take 4-6 weeks. My husband is applying for 1. Green Card with new employer 2. Switching job from A to B this week. Thus, applying for transfer of h1B from company A to B Will
approval of h1B get impacted, even though he got Nolle Prosequei when the records show up, if they show up, in background check. I read online that person is Innocent until, the person is proven guilty. and that no plea bargain was made. Wanted to understand
better and seek guidance, if H1B or GC would not get impacted as these approvals would be done by USCIS / Dept of Homeland security and they would have access to all records. Regards,
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the case was nolle prosequi, this means no conviction occurred and charges were dismissed. Until it is expunged, if they run his record it will come up on his record as dismissed/NP which is not a conviction. His visa or USCIS status would not be impacted. He is not considered convicted, the case was dismissed, so unless he is even asked about "arrests," he does not have to even disclose this if all they ask for on an application is "convictions" because this is not a conviction.