Criminal Law Class C misdemeanor-green card application

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lawful21

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Hi everyone,
I was arrested for assault in 2001, class C misdemeanor in Texas. I did not have any fines or jail time etc. I did nolo contender at the court and then got the record expunged.

Other than this unfortunate incident, I have no other problems in my record. I have an I-140 that is approved. I am about the apply for labor certificate and the I-485. I am wondering if this issue would create problems in getting green card.

Thank you

lawful21
 
were you convicted???
by the way, not related to your question, it is my question. did you disclose it to your job application? does your employer or company know about it?
did you also do a FBI or other kind background check on yourself?
 
i was not convicted. when we wnet to court my lawyer suggested we should do no contender. this is what i did.
i did a background check on myself. nothin came up. but i dn't kow how to do an FBI check. could you tell me how to do it?
 
in all the immigration application, i really suggest you should say yes because you were arrested (I would assume you were fingerprinted). Even though it might not show on any record, (if I were you) I would not hide it because if they somehow found out, that would be a big problem.

you can ask for FBI background check to see what is on there.

as i believe, if you took the "no content", that is a conviction for immigration purpose. so you really should prepare for explaining to them. just be honest. you should be ok

if you are not sure, you can talk to a immigration lawyer

or wait for mafioso, he probably knows more than I do
 
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Someone25 is right.............his advice is spot on. As he said in immigration law, you were convicted. Be honest and you would be fine. In Texas, class C is really small can't affect your immigration status. It is view as simple assault and is not enough to affect your CIMT. So you are okay.
 
thank you so much both someone and mafioso for the advice. i didn't know that no contender is the same thing as convicted. there were no finger prints taken. i ended up paying $350.00.
although that event occurred in texas, i am applying for the green card in new york now. would that be a problem?
 
actually I want to ask you something first. did you have a problem to get your H1 visa?
if your conviction was a problem, then you would not even be able to get a visa

so were you questioned or did you get any problem when you were applying any kind of problem after that conviction? did you leave the country and come back? any trouble? give us more detail so we can know more and answer more
 
i have an O-1 visa and did not have any problem at all to get me visa. no problems so far after the conviction. i left the country several times for vacation and came back with no problem.
 
did you mention your conviction in the visa application? if so, did they ask you about it?
 
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lawful21 said:
thank you so much both someone and mafioso for the advice. i didn't know that no contender is the same thing as convicted. there were no finger prints taken. i ended up paying $350.00.
although that event occurred in texas, i am applying for the green card in new york now. would that be a problem?
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There would be no problem........You are fine. Class C can't affect you. It is not much different from a parking ticket. Just make sure you let your immigration lawyer know. Class C in some counties is not shared with crime data bases, but it is better to be honest about it than being denied for lying. Expunctions don't work when dealing with immigration.
 
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