Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I intend to apply for a B1 visitor visa. I was in the US about 15 years ago as a student (F1 visa). While in the US I got into an argument and was arrested for Simple Battery. A nolle contendere arrangement was made with the prosecutor. My record was expunged and I was informed that I would not have a record thereafter. When applying for the visa, do I have to tell about the arrest when asked about whether I have been arrested or charged with a crime?
THE IMMIGRATION ANSWER MAN: Yes. Expunging a criminal record has no effect for immigration purposes. When asked about criminal charges or arrests, either in a form or by a DHS, CBP or DOS officer, a foreign national must honestly report all arrests and criminal charges, even those that have been expunged. Failing to admit to these can result in a finding that the foreign national has made a misrepresentation causing the foreign national to be permanently barred from receiving future visas under INA Section 212(a)(6)(C).
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.