Immigration lawyer for expunged records

[Duke & Marie 1,389]

2 minutes ago, Cheburashka34 said:

All I have is a copy of why the case was dismissed, testimony from the complaining witness saying what happened (that I am innocent) and a copy of the expunction from the court saying that it is granted.

That should be fine, write a statement explaining and attach what you have before submitting.. 

 

after its been submitted, make enquiry with the courts to see if you can obtain records of the case, just in case USCIS issue an RFE.. if you can’t get the records, get it in writing preferable a certificate satiating records not available.. this will help respond to any RFE issued.. 

 

also highly recommend fiancé knows the detail of the event, very likely they’ll be quizzed about it during interview, they don’t need to know full detail but most def don’t need to be blindsided by it. 

[Cheburashka34 228]

4 minutes ago, Duke & Marie said:

That should be fine, write a statement explaining and attach what you have before submitting.. 

 

after its been submitted, make enquiry with the courts to see if you can obtain records of the case, just in case USCIS issue an RFE.. if you can’t get the records, get it in writing preferable a certificate satiating records not available.. this will help respond to any RFE issued.. 

 

also highly recommend fiancé knows the detail of the event, very likely they’ll be quizzed about it during interview, they don’t need to know full detail but most def don’t need to be blindsided by it. 

The documents i have from the court say the records were searched and nothing was found. I also got fingerprinted a few weeks back and it said nothing was found on the fbi level either. Ive also called the local police and asked if there were any records and they said no.

 He does know everything about the circumstances so there will be no surprise there. I have been living with the "witness" for about nine years and am still currently, would it help if I had the person write an updated letter stating something about it?

[Duke & Marie 1,389]

27 minutes ago, Cheburashka34 said:

The documents i have from the court say the records were searched and nothing was found. I also got fingerprinted a few weeks back and it said nothing was found on the fbi level either. Ive also called the local police and asked if there were any records and they said no.

 He does know everything about the circumstances so there will be no surprise there. I have been living with the "witness" for about nine years and am still currently, would it help if I had the person write an updated letter stating something about it?

Attach all the above..

 

i wouldnt worry about getting them to write new statements.. attach only formal documents associated with the case and you letter of explanation 

[Cheburashka34 228]

8 minutes ago, Duke & Marie said:

Attach all the above..

 

i wouldnt worry about getting them to write new statements.. attach only formal documents associated with the case and you letter of explanation 

So I just explain what happened? If i did all this, would there be any reason they would submit an RFE?

[Duke & Marie 1,389]

5 minutes ago, Cheburashka34 said:

So I just explain what happened? If i did all this, would there be any reason they would submit an RFE?

The point of doing it is to provide them with enough information that fully discloses it with evidance of its closure to the point where they don’t need to issue an RFE.. 

 

of course theres always a chance the reviewing officer may want additional info.. 

 

just explain, what happened, when where, what, any arrests, courts, outcome etc to the best of your recollection.. inc, dates, places addresses etc.. and make ref to the attachments and what they mean

Edited May 17, 2020 by Duke & Marie

[Cheburashka34 228]

12 minutes ago, Duke & Marie said:

The point of doing it is to provide them with enough information that fully discloses it with evidance of its closure to the point where they don’t need to issue an RFE.. 

 

of course theres always a chance the reviewing officer may want additional info.. 

 

just explain, what happened, when where, what, any arrests, courts, outcome etc to the best of your recollection.. inc, dates, places addresses etc.. and make ref to the attachments and what they mean

Okay great thank you so much. So really, there isn't any need for a lawyer in this? As long as i follow the directions on this site for the K1 process?

[Devint 47]

I would.consult with a lawyer. My young offender record from Canada made me inadmissible, even though the law says it shouldn't have. We hired a lawyer and did a legalnet appeal, which was found in my favour. Not only do you need the documentation, but need to be well versed on the foreign affairs manual and how the US interprets your crimes. You need to prove they won't make you inadmissible. Don't make my mistake and go it alone. Its added a year to this process and now my second interview in Montreal was canceled due to covid-19. Good luck.

[payxibka 10,045]

9 minutes ago, Devint said:

I would.consult with a lawyer. My young offender record from Canada made me inadmissible, even though the law says it shouldn't have. We hired a lawyer and did a legalnet appeal, which was found in my favour. Not only do you need the documentation, but need to be well versed on the foreign affairs manual and how the US interprets your crimes. You need to prove they won't make you inadmissible. Don't make my mistake and go it alone. Its added a year to this process and now my second interview in Montreal was canceled due to covid-19. Good luck.

Don't confuse the alien with the petitioner.  OP is the USC and doesn't need to worry about inadmissiblity 

[Duke & Marie 1,389]

48 minutes ago, Cheburashka34 said:

Okay great thank you so much. So really, there isn't any need for a lawyer in this? As long as i follow the directions on this site for the K1 process?

I don’t think so, but the choice is yours... I personally didn’t use one for two expunged events that happens 17 & 21 years ago (DUI).. keep your explanation short, sweet, factual and to the point and you should be fine. 

[geowrian 22,337]

29 minutes ago, Devint said:

I would.consult with a lawyer. My young offender record from Canada made me inadmissible, even though the law says it shouldn't have. We hired a lawyer and did a legalnet appeal, which was found in my favour. Not only do you need the documentation, but need to be well versed on the foreign affairs manual and how the US interprets your crimes. You need to prove they won't make you inadmissible. Don't make my mistake and go it alone. Its added a year to this process and now my second interview in Montreal was canceled due to covid-19. Good luck.

I'm assuming you are the beneficiary. Criminal events by the beneficiary are much more restrictive than that of the petitioner. Namely, AWA crimes are the big one for the petitioner...anything else only requires disclosure for approval.

[Cheburashka34 228]

13 minutes ago, geowrian said:

I'm assuming you are the beneficiary. Criminal events by the beneficiary are much more restrictive than that of the petitioner. Namely, AWA crimes are the big one for the petitioner...anything else only requires disclosure for approval.

Well it is under "family violence" but again nothing violent occurred which is pointed out in the testimony from the witness and the reason why it was dismissed and able to be expunged. The name of it just makes it sound bad, which is why i was worried. Basically the police just wanted to arrest someone and had no evidence of anything

[Duke & Marie 1,389]

9 minutes ago, Cheburashka34 said:

Well it is under "family violence" but again nothing violent occurred which is pointed out in the testimony from the witness and the reason why it was dismissed and able to be expunged. The name of it just makes it sound bad, which is why i was worried. Basically the police just wanted to arrest someone and had no evidence of anything

The English language is a wonderful thing, use it to your advantage.. is it domestics violence or a family dispute? We’re you arrested or detained? I’m not saying lie, but use words carefully so that it’s dosent sound worse than what it was... I wouldn’t say police just wanted to arrest someone... perhaps they detained and cautioned you pending further investigation that proved innocence nd so on.. 😁

Edited May 17, 2020 by Duke & Marie

[Cheburashka34 228]

Just now, Duke & Marie said:

The English language is a wonderful thing, use it to your advantage.. is it domestics violence or a family dispute? We’re you arrested or detained? I’m not saying lie, but use words carefully so that it’s dosent sound worse than what it was... I wouldn’t say police just wanted to arrest someone... perhaps they detained you pending further investigation and so on.. 😁

Right.. it just makes me sick that it has to be brought up when the arrest was for nothing😩 thank you for the advice though. I will try to word it carefully to what it really was, rather than what it sounds like.

[jan22 3,052]

One question -- if all charges were dropped, why were you ordered to do any community service and be evaluated?  Makes it seem like there may be more information that you'll need to explain.

 

Be careful playing with language about the charges.  If it sounds like you are trying to word it to make things sound less serious, it might raise more questions and/or requests for documentation that would be difficult/impossible for you to supply.

[Cheburashka34 228]

5 minutes ago, jan22 said:

One question -- if all charges were dropped, why were you ordered to do any community service and be evaluated?  Makes it seem like there may be more information that you'll need to explain.

 

Be careful playing with language about the charges.  If it sounds like you are trying to word it to make things sound less serious, it might raise more questions and/or requests for documentation that would be difficult/impossible for you to supply.

I don't think they were dropped, the case was dismissed, which are two different things. I really cannot remember exactly what happened because it was so long ago and I was only 17, my mom handled all of it.

And thanks, but I only plan on telling the truth 👍

Edited May 18, 2020 by Cheburashka34