Criminal Records, Expungement misdemeanor and expungement

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Rozh

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Hi, I need an urgent advice please, My story is long
I live in Oregon - USA

I came to the States in Sept 2001 on F1 visa (student visa) and left the USA for 10 days vacation and re-entered the USA in Jan 10th 2002. I came 7 times on visit visa from years 1992 to 1999 in which I used to stay 8 weeks. On Jan 4 2004 was arrested and got a ticket to attend in the court - on August 2004 I was convicted in Theft II misdemeanor - and paid $200 fine - no Jail. On Nov. 2007 I recieved an expungement of conviction and all record of arrest in the above mentioned case.

My Mom is Citizen and applied to me for CG since 1998 - last 2 weeks I received a letter mentioning that my application is in process and I should be receiving more documents such avidavid of support and visa fees in the mail - I called the National Visa Center and they said that I need to go to my home country and do the interview there.

In 2006 I went to Canada and came back - I went through regular process in the airport of fingerprinting and background checking and I was ok to re-enter the USA.

I am in Status - I am pursuing higher education and have good stands - didn't get any tickets - not even trafic offense ticket

I need to know - does the misdemeanor still exist for immigration purposes? Do I have to report it in the immigration interview? will this misdemeanor affect my process of getting GC - I am very worried and don't know what to do or how to think - do I need to meet with lawyer to handle my GC process?

Please help
RozH
 
Yes the misdemeanor can affect you. Expunctions don't work in immigration cases. You have to disclose it and show all court documents on the disposition of the case. What was the maximum possible jail time for your offense? It has to meet a certain exceptions in order not to affect you.
 
Thank you for your response -
I don't know what was the maximum possible jail time this offense -
Shall I see an immigration lawyer to represent me and/or maybe get me waiver if I am on good conduct for the last 5 years?
 
if your max jail time is less than 1 year then it would fall to petty offense exception. then you don't need a waiver for that.
if you don't feel confidence, then you can see an immigration lawyer.
 
Rozh said:
Thank you for your response -
I don't know what was the maximum possible jail time this offense -
Shall I see an immigration lawyer to represent me and/or maybe get me waiver if I am on good conduct for the last 5 years?
Click to expand...

You need to look for the maximum sentence and all relevant court papers on the disposition. It would be required at the embassy or during the interview. You would not be approved without all these documents and information. So get it and read your states statute and let me know the maximum penalty. If it is not more than a year, you would be okay. The five year thing is needed for citizenship not GC.
 
Just make sure you have all the paper work in the case and the disposition............VERY important. Good luck!
 
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