QUESTION

If my father had a criminal record 15 years ago which was expunged, will he still qualify if I file for him to come to the US?

Asked on Nov 12th, 2013 on Immigration - Washington
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4 ANSWERS

Immigration law does not recognize most instances where a criminal record was expunged under a state law. However, some convictions don't disqualify a person from immigration to the U.S.. You have to speak with an immigration attorney to see whether the your father's criminal record will prevent him form becoming a permanent resident of the U.S.
Answered on Nov 14th, 2013 at 7:44 AM

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Criminal Defense Attorney serving Alhambra, CA at 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. It depends on what the original conviction was for. Expungements are generally not recognized under immigration laws. 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 father's situation. (S)he would then be in a better position to analyze his case and advise you of your options.
Answered on Nov 13th, 2013 at 8:19 AM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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It depends on what the crime was; some crimes create a permanent bar to re-entering the U.S. But if this one was expunged, it does not sound serious to the extent of a permanent bar. Unless you tell me what the crime was, this is as much as I can tell you. If in doubt, consult with an attorney before you spend all the money and time on filing for your father. You should be fairly certain that he can return to the US before you take those steps.
Answered on Nov 12th, 2013 at 4:46 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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We need more information to answer your question. The answer to your question depends on the offense your father was found guilty of committing.
Answered on Nov 12th, 2013 at 4:46 PM

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