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Mohan, Linda and ANYONE------------->Related to Expungement of Record/STATUS...Requesting Advice!!..

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  • Mohan, Linda and ANYONE------------->Related to Expungement of Record/STATUS...Requesting Advice!!..

    Hi,

    Last month my wife and I submitted papers related to marriage based GC. On the papers I didn't mention I had to go to court for a financial issue/crime 6 yrs back, a felony in the state and was convited but under First Offender Act record was Expunged. Yes I made a mistake since I was only 18 and everyone does...

    Question is, since I didn't put that on the papers to INS, would they deny me citzenship or GC? Wwould it come up when they do a record check? Would I be detained during Special Registration process even though record has been expunged? Please adivse and help. I made a mistake and I realize it ..as I was young and definitely stupid.

    Also, while your papers are pending on marriage based GC, are you considred INSTATUS or OUT of STATUS? Thanks for Anyone and all for your help and ANY advice you can give me.

    GOD BLESS

  • #2
    Hi,

    Last month my wife and I submitted papers related to marriage based GC. On the papers I didn't mention I had to go to court for a financial issue/crime 6 yrs back, a felony in the state and was convited but under First Offender Act record was Expunged. Yes I made a mistake since I was only 18 and everyone does...

    Question is, since I didn't put that on the papers to INS, would they deny me citzenship or GC? Wwould it come up when they do a record check? Would I be detained during Special Registration process even though record has been expunged? Please adivse and help. I made a mistake and I realize it ..as I was young and definitely stupid.

    Also, while your papers are pending on marriage based GC, are you considred INSTATUS or OUT of STATUS? Thanks for Anyone and all for your help and ANY advice you can give me.

    GOD BLESS

    Comment


    • #3
      Since your record has been expunged, INS won't be able to hold you on the base of an outstanding criminal warrant or such. Whether you're out of status or in status will depend on your current visa, and whether its already expired or now, etc. If you're in violation of the status, its very likely you'll be detained during special registration.
      As for GC, the criminal record might still show up on INS record, and if you didn't declare it, it might come back to bit you again (especially during the interview), and can be the base of rejection.

      Comment


      • #4
        The question is since we have already submitted our paper work under my marriage to my wife who is a USC, and awaiting my EAD, does that mean I am instatutus or out of statuS? My last visa was student but expired quite some time back but I thought since paper have been submitted to INS based on marriage, I am in Status. Is that NOT correct?

        Please clarify and thanks for your help.

        Comment


        • #5
          At present you are out of status. As far your criminal conviction, you should get CERTIFICATE OF DISPOSITION from the Court. When you go to INS, take this certificate with you. This certificate explains what has happended to your case. Hope everything goes well with you.
          Good luck.

          Comment


          • #6
            Most likely you'll be detained during the Special Registration interview (bond at least $5,000 in your case.)

            Comment


            • #7
              Strange.

              I thought once you have your paper filed and EAD issued, you are IN STATUS? Why else would they issue you an EAD if you are NOT in status? Also, do they do a criminal background check for ALL registrations?

              Thanks for the info.

              Comment


              • #8
                This is a regular procedure to check criminal records. Once you are fingerprinted, then it is easy your all records. Always be truthful while answering questions on Immigration Forms.

                Comment


                • #9
                  I forgot to add that your stay in the United States at this moment is legal.

                  Comment


                  • #10
                    So once again, am I considred IN STATUS our OUT OF STATUS? If my stay is LEGAL as you say, does that not mean I am IN STATUS? Please clarify. Thanks.

                    Comment


                    • #11
                      Yes. At present you are in status.

                      Comment


                      • #12
                        Would Expung record should up on there search or not?

                        Comment


                        • #13
                          I meant, would record should up in there search even though it has been Expunged or not?

                          THanks.

                          Comment


                          • #14
                            Jeez..keep on having typos..above I meant to type "SHOW" up in their search or not?

                            Comment


                            • #15
                              State expungements have no effect on immigration law!

                              Comment



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