H1b stamp and marijuana arrest record

[Marijuanatroubles 0]

Hi everyone,

 

I have been in the US for about 5 years now, 4 years on an F1, 1 year on OPT. Recently I got my H1B approved. Now I plan on traveling home to get my H1B stamp. About 14 months ago I was arrested in New York City for smoking marijuana in public (NY 221.10) a class B misdemeanor. I was given an MACD (CPL 170.56) for two months, so I did not have to plead anything, and then the case was dismissed (CPL 160.50), sealed and records expunged. I realize this will always show up when I am fingerprinted when I apply for the stamp and at the port of entry. Has anyone else been in this situation? I know there is not much I can do now, and it will always be a risk when I travel, but what are the chances that they deny my visa straight away and anything I can do at that point? I have the official court disposition but other than that anything else I should carry? Any advice regarding this matter would be greatly appreciated. I would have to travel soon for family reasons so just making sure I do everything I can to prepare myself for it.

 

Thanks!

[Jeanne Adil 1,651]

googled "expunged in NY and found this

 

For better or worse, the fact is that in the state of New York, you cannot expungeyour criminal record. A record that is "expunged" is permanently erased. However, you can "seal" your criminal record in New York, which means it will become invisible to the public.

 

your fingerprints should show in the system 

many of us have been printed as i was for a job

Maybe see a lawyer and ask to have the records sealed

[Marijuanatroubles 0]

Hi Adil,

My case when dismissed was also sealed. A public background check does not show anything. I am worried about immigration, when I go for my H1b stamp, since there I will be fingerprinted and it will show up.

[f f 725]

it is irrelevant that it was dismissed since you have to disclose everythingb you were arrested or charged with even if you were found innocent. the immigration officer will decide if it is an issue for you.

[Marijuanatroubles 0]

I understand there, anything I can do at this point to be more prepared? or less worried? or more worried?

[databit 328]

Understand that even if a criminal record can be sealed by a state, it was already reported to the FBI, which you cannot change. Only a court-ordered expungement can do that.

 

It might help if you can show you went through a substance abuse program.

[Marijuanatroubles 0]

I realize it was a dumb dumb mistake, but I never "abused" it. I did break the law but that was the only time I smoked it, and I only had like two puffs. It was a joint that was passed to me. I have never done it since or before then ever.

[f f 725]

this is where legal stuff can get wierd. weed is legal in many states but illegal according to the federal government and the federal government is the one that does immigration so what the states do is essentially irrelevant since it is only the federal government that matters.

 

be open and honest with them and don't bother trying to downplay it by saying you only had two puffs since everyone who is pulled over for dui will say they only had two drinks and this is the first time they did this.

[xyz12345 260]

Will you be traveling abroad for your H1B work? Do you have to go back to your home country for an emergency etc? If you can afford to, then just limit your travel within the US for now.

 

My 2 cents worth.

 

 

 

 

https://www.mmhpc.com/2016/02/5416/

Change of Status to H-1B

For an individual currently in the U.S. in another status that will last until the start date of an H-1B, the sponsoring employer may request a “change of status” on the H-1B petition. This means that on the start date of the H-1B approval, the individual will automatically change to H-1B status without having to take any further actions. There is no need for the H-1B holder to travel abroad to obtain a visa stamp at a U.S. Embassy/Consulate after approval for the change to H-1B to occur. The H-1B visa stamp will only be required if the H-1B holder later decides to travel abroad after switching to H-1B status. That is because an H-1B holder must always have a valid H-1B visa stamp in his or her passport in order to re-enter the U.S. The exception to this is for Canadian nationals, who by law are not required to have visa stamps in their passports.

[Marijuanatroubles 0]

Yes I sorta have to for family reasons, how long can I not go, I mean its already been about 14 months, is more time going to make it better?

 

Thanks,

[Boiler 43,696]

There must be a lawyer involved?

[Marijuanatroubles 0]

Yes the lawyer got me the ACD and case dismissed but now that's pretty much done. 

[Boiler 43,696]

H1b means Immigration Lawyer.

[Marijuanatroubles 0]

Well my company lawyers got me the H1B approved and I have the approval notice and all but now the stamping is on me.

[Boiler 43,696]

So what did the Lawyer say about your criminal history?