QUESTION
Does he need to expunge the misdemeanor charge before filing for residency in the US?
Asked on Oct 10th, 2012 on Immigration - Michigan
More details to this question:
I have been informed many different opinions in this matter and feel very lost. I have been married for five years now and my husband had a misdemeanor in his record. We want to proceed in filing for him be a resident here in the US but need guidance, what are my options? Can this be fixed? He is currently not in the US. He has been in Mexico for the last six months now due to his mom being ill. Now that he is out there, we want to proceed in filing and do it the right way. Please help, I would greatly appreciate it!
5 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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What type of misdemeanor was your husband convicted of? Does he have any other arrests or convictions?
Answered on Jun 27th, 2013 at 12:26 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
The answer varies depending on what your husband was convicted of. Some acts may have immigration consequences but others may not. Similarly, some acts may cause your husband to be inadmissible but allow for waiver; some do not allow for waivers. I would suggest bringing the certificates of dispositions to an attorney to have the specific conviction evaluated.
Answered on Oct 18th, 2012 at 7:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. Such as what the misdemeanor charge was. An expungement does not automatically eliminate the conviction and in most cases does not help at all. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 15th, 2012 at 2:33 PM
Bruce A. Coane
Expungement does not void the arrest for immigration purposes. I would be happy to meet with you to review his records and analyze them for you, in terms of whether the arrest will prevent him from getting a green card. Either way, no reason to delay the filing of an I-130.
Answered on Oct 12th, 2012 at 3:32 AM
What was the misdemeanor for? It may not be a problem. But it appears that your husband was in the US without legal status before going back to Mexico? May be a big problem. Better consult with a good immigration attorney. Since you have been getting various opinions, you need to decide on an attorney you trust. One who has a good reputation and recommendations from friends and relatives.
Answered on Oct 12th, 2012 at 3:26 AM