Criminal Law H-1 Criminal background check

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llliby

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Hi, everyone,

I am currently in Vancouver, Canada, where I was attempting to change my status from F-1 to H-1. Unfortunately, my fingerprints came up as a hit in the criminal background check.

I was arrested in 2003 for hit my wife in IN. The charges were dismissed. I have answered "NO" to the questions :"Have you ever been arrested or convicted?" because I had asked for a criminal record from the local police station, which showed I have no criminal record.

I am so worried whether they will refuse me for this lie?
I already faxed them copies of the dismissal to the consulate, what else should I do?
How long I have to wait?
Can I get the Visa?

Your advice will be really appreciate!
 
llliby said:
Hi, everyone,

I am currently in Vancouver, Canada, where I was attempting to change my status from F-1 to H-1. Unfortunately, my fingerprints came up as a hit in the criminal background check.

I was arrested in 2003 for hit my wife in IN. The charges were dismissed. I have answered "NO" to the questions :"Have you ever been arrested or convicted?" because I had asked for a criminal record from the local police station, which showed I have no criminal record.

I am so worried whether they will refuse me for this lie?
I already faxed them copies of the dismissal to the consulate, what else should I do?
How long I have to wait?
Can I get the Visa?

Your advice will be really appreciate!
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from what i've heard you need to say YES to question if you ever been arrested, and NO if you ever been convicted.
 
Why did you say no? You were not convicted, maybe, but you were charged and it's better to always be clear about it and say "but wait, they dismissed it!"...
In any case, I'm not here to lecture you or anybody else, just here to help. It only matters if they can deny you based on the conviction, it's the notion of materiality again. Now, domestic violence is a very bad offense immigration wise, but you "may" qualify under the CIMT exception, for that you need to check the statutes of "conviction" and provide more detail.
If you checked the question cause you believe you were not convicted and not because you're trying to hide things, then you don't need to worry about it, you were telling the truth and you are not a lawyer and don't fully understand the meaning of conviction (under immigration terms).

I'm not an attorney, this is not legal advise.
 
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