Shoplifting Misdemeanor - dismissed and expunged - HIB stamping impact

D

desigal23

New Member
Hi

I was convicted of a shoplifting misdemeanor class C this year. It was a huge misunderstanding and unexpected turn of events. However thank god the case was dismissed and is also expunged.
My husband is travelling to Europe for a year and I intend to visit him a couple of times. My H1B visa stamp has expired and I plan to get it stamped while I am in Europe
I know I have to mark a Yes for arrest Q on DS160. I also have all the documents related to this matter.
I am obviously worried about going to H1 stamping now.
Can someone please advise what is the problem I might face during stamping and POE?
Once a Yes is marked for the arrest Q, is it definite that there will be delays since they do a background check? (Although not convicted?)
Does it help if I submit the documents related to dismissal and expungement voluntarily when I go for stamping?
 
Dismissal and expungement do not have any effect. You are still convicted as if is were not dismissed or expunged or both. However, if maximum jail term under this clause is a year or less, and this is your only crime of moral turpitude, it will have no effect on your entry.
 
Thanks raevsky for the response

I don’t know what you mean by Dismissal and expungement don’t have any impact. I am aware that certain dismissals are considered as conviction under immigration law. But in my case, I know that it does not constitute a conviction under immigration law since there was no admission of guilt or any kind of punishment ordered like probation, attending diversion program or deferred prosecution. It was a dismissal with prejudice and it was pretrial and I dint have to appear before the court at all.
Since it is not a conviction, I wanted to know what might be the impact at stamping and POE?
Will there be a delay due to background check?
 
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