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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: 109680
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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When applying got an H1B, I need to answer the question

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When applying got an H1B, I need to answer the question 'Have you ever been arrested?. If I was arrested, given an ACD, and the case was expunged, do I still need to answer this question as a yes?
Even if the case was expunged, does it still count as an arrest?
Will it affect my chances of obtaining H1B?

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Sorry for the delay. Yes, you must still answer YES. An expungement only erased it from the public records so that the public or most private entities cannot see it. It can always be seen by the government. So you MUST always disclose it to the government because they will see it anyway. As to your chances for the H-1B, that should not be negatively effected because you got an ACD which is not supposed to be a conviction for immigration purposes. So unless it had to do with trafficking or money laundering (where they don't need a conviction), you should be ok.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Hello Christian. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Thank you for your kindness and respect. Good luck to you.

Customer: replied 9 months ago.
Hi Guillermo -Sorry for the radio silence here. I had a couple of follow up questions regarding the application process.The ACD was for possession of illegal drugs but it has been sealed. Can this impact (if it can be viewed by UCSIC) whether I am granted the H1b status or not?Will the law firm hired by my employer to file my application disclose this to my employer (their client)?Any help on the above would be great. Thanks, Christian.

Welcome back, Christian. Just please do not forget that positive rating as it is the only way the website will compensate me. Unfortunately, USCIS can still see it. The attorney holds a fiduciary duty to the client. If they feel it is important to reveal it to the client, they can.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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