Deportation, Re-entry re-entr the u.s with pti program

[Unregistered]

I have been charged with a false insurance claim and was arrested for few hours and posted a $1000 bond and because
it is my first offence they recomended the pre trial intervention program(pti) in feb 2011 i completed this
program successfully and case was nolle prosequi in may 2012 and case was dissmissed and record was
expunged in april 2013
I am a green card holder since 2006 I am 60 years old i have been in the usa since 1988 as apolitical aasylem
my daughter was born here she is now 22 yrs my wife got her citizenship 5 years ago
my question is can i travel overseas for a month and will i have problem at the airport when i come back??

 

[Michael Wechsler]

I don't know for sure and recommend that you speak to an immigration lawyer. I think this is imperative and will tell you why. I don't believe that that USCIS needs to use a conviction to base a decision on not allowing you into the country. The crime you allegedly committed involved a crime involving moral turpitude (CIMT or COMT) which reflects someone who has committed an act that is not moral and shows a bad character. I believe that fraud is crime involving moral turpitude conduct and you may have problems coming back into the United States. While you appear to have had the records expunged, I'm not sure how that may affect your case. Look at this document concerning use of evidence regarding crimes involving moral turpitude.

Look at section 9 FAM 40.21(a) N3.2-1 Evidence of Conviction.

It says that "not all expungements or pardons serve to relieve the individual of the effects of the conviction for immigration purposes." The consular officer may require other evidence "relevant to the alien's history which may appear necessary to determine the facts." As such, while the expungement certainly should help you in many respects, I can't be sure of what to tell you in your case and you would probably want to have a consultation with an immigration lawyer before making your journey.