Legal Question in Immigration Law in California

Is there a chance for felony and misdemeanor record?

Hi,

My friend has a grand theft fellony record and petty theft felony record. He's going to try to expunge both record. Right now his status in the US is overstayed for several years. He finished his study here, several years ago.

The question is whether he's still able to get a greencard after that. And if it is, what kind of steps he should take?

Also, he has a US citizen gf and plan to marry her later. But, she doesn't know anything about the confiction. If everything work out and he's able to apply, will he be able to do it without her know about the past confiction?

Thank you.


Asked on 11/08/02, 11:30 pm

2 Answers from Attorneys
Khachik Akhkashian Diamond, Burt & AKhkashian, LLP

Re: Is there a chance for felony and misdemeanor record?

There is a chance to obtain a greencard, even after having a criminal record. Expungement is a valuable tool, but when you apply for a greencard, the benificiary would still need may be forced to disclose these prior.

The grand theft felony might pose a significant problem.

In any event, if you have any further questions that you would like to discuss in detail, please do not hesitate to call.

Khach "Catch" Akhkashian

(213) 384-2220

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Answered on 11/13/02, 1:14 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Is there a chance for felony and misdemeanor record?

Even if he can get these crimes expunged, he still needs a way of getting his green card, either through a family petition or employment petition. Looks like the marriage route is the best because he has the US citizen girlfriend. There's no way of hiding the convictions from her because, obviously, a husband and wife will be interviewed together by the INS in deciding his case for permanent residence. Also, as the petitioner, the wife would need to know and it's not fair or appropriate to hide it from her.

Larry Liem Doan, Esq.

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Answered on 11/09/02, 10:01 pm


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