Legal Question in Immigration Law in Florida

Re: Expunged misdemeanor???

Hello,

You must be truthful when answering the NATZ questions. Otherwise, you may be liable for fraud, be disqualified for USC, and--given you are an LPR apparently--expose yourself to removal from the USA depending on what the offense was, whether you were convicted, etc.

I would suggest that you get your FOIA and attend to your misd. before the NATZ. You need to acquire your criminal records to see exactly what you were arrested for; to determine if you were "convicted" of same; and whether said arrest/conviction affects your LPR and possible USC as per conduct-based and conviction-based grounds of removal/inadmissibility under the INA and regs. Ordinarily, only one misd. might not be a problem. However, there are exceptions to this rule. And, while waivers are sometimes possible, you need to be sure if that is necessary or possible.

Regarding expungements, you need to be sure that vacating your conviction, if you were convicted, is not required. Otherwise, expungements/sealing may not help you for immigration purposes.

I'd suggest you see a competent immigration/criminal attorney(es) regarding the above.

Good luck,

FIL

THE FOREGOING IS NOT LEGAL ADVICE, REPRESENTATION, NOR SOLICITATION AND ASSUMES NO LAW ENFORCEMENT INVESTIGATION.