aggravated felony LPR

[amuna0526 11]

Hi,

I have a family friend who was charged with battery felony with active and inactive probation. Right now he is on the inactive probation. He has a wife overseas and a child. He asked a lawyer if he can go visit them, but the lawyer said that if he steps foot outside the U.S. he won't be allowed to come back. Basically its deportation. He wants to know if even though he is on inactive probation he can get his records expunged. He's in Louisiana. If he can get his records expunged, would he be able to come back in the U.S if he goes to visit them? He's also thinking of applying for his wife and child to come here, but with his problem, will that be affected I-130? OR its not?

Thank you for your help.

[amuna0526 11]

Hes LPR, and he has a business and house here, he can't risk losing his life here and be deported. Even though he wants to be with his wife and kid.

[Hypnos 6,578]

How long has he had his green card, and how did he obtain it? Has he committed any other crimes prior to this one?

Having any of his criminal history expunged will not help him in any way, since that information still needs to be disclosed to USCIS.

Edited May 7, 2014 by Hypnos

[amuna0526 11]

He was a child, he got it through his mom. I don't think he had other crimes.

[HollyGolightly 72]

What was the nature of the offense? Did he plead guilty? Given that he is on probation I am lead to conclude that he might have entered into a plea agreement with the Prosecutor. In some cases, you can come to an agreement to keep it out of your record so that there are no immigration consequences. Otherwise, there really is nothing as getting a criminal record "expunged". Upon completion of the conditions of a deferred judgment and/or probation the records can be petitioned to be sealed (1 to 3 years after depending on state law), but this does not preclude disclosure with USCIS. Hypnos is right, he will have to reveal any conviction record with immigration.

Given his current situation, he should listen to his attorney and not risk foreign travel. Sorry.

Edited May 7, 2014 by HollyGolightly

[amuna0526 11]

Well they do background checks when a petition is in review. BTW, would he get banned from coming back to US if he goes to visit his child and wife?

if the records are sealed, will USCIS still find out about it

[HollyGolightly 72]

Well they do background checks when a petition is in review. BTW, would he get banned from coming back to US if he goes to visit his child and wife?

if the records are sealed, will USCIS still find out about it

Yes. In a search it will appear in his criminal history but the particulars will not be available because the record is sealed. Also, there is no point in lying about it with USCIS because omitting facts in any official petition will be tantamount to perjury.

And yes, it is likely that they will deny him entry if he leaves to visit his family.

Edited May 7, 2014 by HollyGolightly

[Hypnos 6,578]

He should consult with an experienced immigration attorney before attempting overseas travel.

If he has held his green card for at least five years (as you indicate) and this is his one and only CIMT then he may be ok, but it's something he should seek legal guidance on.