Obtaining visa with arrest record, no conviction

[walkoffshot 0]

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!

[j&ana 363]

The arrest will not show up in basic background search as there was no conviction.Also it goes off your driving record after awhile. It will show up on a fingerprint search since you was fingerprinted.I do not think it will be a problem but I am not an attorney perhaps you could consult with one. You probably will want to get copy of everything from the courthouse in case you do need to submit it when you file for a visa

Edited January 17, 2015 by j&ana

[walkoffshot 0]

Ill have everything ready. Court certified copy and fingerprint results, and an attorney will be involved. Thanks for the response!

I am wondering if this is something I need to be worried about, and if there is anything I can do from now until my visa application. I have an employer willing to sponsor an H1B (cap exempt), and my girlfriend and I plan to get married few months before my OPT expires (so I can file EAD and not run into any employment problems). I guess that raises another question... should I just wait to get married rather than having employer file for H1B? I figure that if I take this job and then for whatever reason lose it in a few months I would be royally screwed... lose status, and don't have OPT to fall back on which would mean get married NOW.. but I want to plan this thing out, not run to JOP.

Anyone else?

[JimmyHou 611]

Most of the people reading your post are going through the naturalization process. You'll get much better responses if you post on the Adjustment of Status or employment based immigration forums. Go to Forums at the top of the page and find the forum that best fits your case. You'll find people in similar situations.