QUESTION
If I have a class B misdemeanor in the process of being expunged, should I wait before I file form I-485 after marriage?
Asked on Apr 25th, 2013 on Immigration - California
More details to this question:
I am a French national and just got married to an American national. I'm getting ready to file a form I-130 and a form I-485. I have a class B misdemeanor for possession of marijuana under 2oz that is in the process of being expunged. I need to know if I should wait for this offense to be expunged completely before I file my forms or if I would still have a chance to get my green card even with this annoying offense associated with my name (Form I-485 is asking if I have ever been convicted of any offense or served jail time). Please let me know asap.
1 ANSWER
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Expungement has no immigration affect. In otherwords immigration does not consider expungement of a conviction at all. As far as they are concerned a conviction is a conviction. Whether or not you will need a waiver for this conviction along with the I485 will depend on the conviction, sentencing, etc.
Answered on Apr 25th, 2013 at 9:08 PM