Louisville, KY asked in Immigration Law for Georgia

Q: Will dismissed charges affect H1b renewal ?

My husband is on H1B. Recently, unknowingly he was driving over 120mph. He was charged with Evading from Police officer and wanton endangerment. He has a clean background.

Later evading was a misunderstanding from the police officer. Both the charges were dismissed. He was just given speeding ticket.

Will this affect our H1b renewal and stamping. Please help!

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Dismissed charges typically do not impact an H1B renewal or stamping, especially if your husband has a clean record otherwise. Since the charges were dismissed and he only received a speeding ticket, it's unlikely this incident will raise concerns in his immigration process. U.S. Citizenship and Immigration Services (USCIS) primarily looks for convictions, not charges that were dismissed.

However, it's important to be honest when filling out any forms related to the renewal or visa stamping process. If there's a question about arrests or charges, he should provide accurate information, but he can note that the charges were dismissed.

For peace of mind, you may want to consult with an immigration attorney to ensure all documentation is correctly presented during the renewal process.

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