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lena83

Application for Green Card, criminal offense and expungement of such.

By lena83 in General Immigration-Related Discussion

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lena83 Newbie

lena83   0

Posted
Filed: Timeline
Posted

Hi there,

My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a criminal record, that was expunged 3 years ago. It was a petty theft offense, 10-12 years ago. It was an isolated incident and since then he's been an upstanding, responsible citizen. During the background check that will be done, will the expunged record still show up. Does he need to admit to this on his application? If he does, will this negatively influence his application for green card? What is the best way forward in your opinion? Any advice would be greatly appreciated. Thanks!

:unsure:

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

There is no such thing as expungement for immigration purposes. He needs to disclose it and deal with the consequences.

Is petty theft a CIMT? I think so.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

hmh33 Community Regular

hmh33   117

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

More important will be whether he declared it on his H-1B application. Probably a good idea to consult an immigration attorney on this one.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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