naturalization for US citizenship & past crime that is now expunge

[DC85 113]

Expungements are ineffective for immigration purposes. USCIS asks if you have ever been arrested, convicted, etc. and you must answer this question honestly. It does not seem on the surface that the conviction will not cause you any problem with natz. One thing you should be aware of is that, while the conviction is not a deportable offense, it is an excludable offense and so you shouldn't travel until you have your citizenship. You may have to go back to your criminal defense lawyer and see how to get a certified copy of the conviction. USCIS will ask for this at the time of the interview and it may present a problem. The only serious potential problem I see is if you stated on the N-400 that you have never been arrested, etc, you will want to clarify it at the interview. I would bring it up at the beginning rather then wait to be asked. A fraudulent application is grounds for denial so nip it in the bud immediately at the interview.

thats not true !!!!

My advice try to borrow some money and take a lawyer with you

Edited August 6, 2014 by myafi1985

[southcoast 27]

thats not true !!!!

My advice try to borrow some money and take a lawyer with you

You couldn't be more incorrect. Expungments and sealing of records are ineffective for immigration purposes. The question is were you ever arrested or convicted and you must answer truthfully. They could care less about ameliorative relief provided by the state. There are two ways to render a conviction void for immigration purposes: a governor's pardon which is very rare and also ineffective for drug crimes, and vacating the original conviction. A vacatur renders the conviction void from the beginning. That was there never was a conviction. Not bad advice on him getting a lawyer, but I would do it before the interview to see what he was convicted of and whether it is a removable offense.

[pinoyme 3]

I have an update. Got to see a immigration lawyer and my crime is not an AF. And because of the jail time was not more then 1 year it was 1 day credit of jail time and the lost of $$ was not more then 10k it was only 1500$ and the statutory time was over 5 year it happen 7 years ago. So I should be good and I have my lawyer with me the day of the re interview. Im hoping for the best this time and I hope it will get approve on the day of my interview. It has been a long 5 months for me with this process . BTW AF or inadmissible should be if the crime was committed 5 years of admission To the us is removablE although I been in the usa for 29 years and it is a single count crime which is a wobbler so it is out side the statutory period.

[pinoyme 3]

I had my citizenship interview yesterday afternoon and my lawyer came with me . The interview was base of my past crime nothing more. Also the IO video recorded the whole conversation I also told the IO that my GC is expired already and he states that's it's ok . So a lot of the lawyers I spoke to was correct my GC does not have to be valid To apply for citizenship since my category is IR2 meaning My u.s citizen mother petition my whole family as LPR.

Continuing to the interview topic. I gave my statement the io and ask why did I plead guilty I black out of words then I took a breather and gave him an answer then after he typed something onto his computer and then handed me a Form N652 that a decision cannot be made and that he has to review the application with his supervisor I don't understand what's going on. MY lawyer advice me just to wait 30 days to receive a final decision and chances are it will get approve or denied if it does get denied it will only get denied and can we reapply at a later time. If approved I will receive a letter of an oath Date. Will I get an update on the uscis Website weather the supervisor is reviewing the case. I feel so anxious for answers.

The past is the past and can not dwell on it I've been nothing more then a good person . Hope everything goes well I guess I just have to wait .

Any advice or feedback is greatly appreciated.