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Cheburashka34

Immigration lawyer for expunged records

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Filed: K-1 Visa Country: Russia
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If I am planning to file for a K-1 visa and I have an expunged record, is it better to get a lawyer to help with my case, or is it simple just to include the supporting documentation myself?

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Filed: AOS (apr) Country: Philippines
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5 minutes ago, Cheburashka34 said:

If I am planning to file for a K-1 visa and I have an expunged record, is it better to get a lawyer to help with my case, or is it simple just to include the supporting documentation myself?

What can the lawyer help with?  It is as simple ad including the documents 

Edited by payxibka

YMMV

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Filed: K-1 Visa Country: Russia
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Just now, payxibka said:

What can the lawyer help with?  It is ad simple ad including the documents 

Right, that's true. As long as you can prove you weren't guilty of the offense then it should be fine?

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Filed: AOS (apr) Country: Philippines
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Just now, Cheburashka34 said:

Right, that's true. As long as you can prove you weren't guilty of the offense then it should be fine?

Whats to prove?  I assume innocence or guilt was determined long time ago

YMMV

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4 minutes ago, Cheburashka34 said:

Right, that's true. As long as you can prove you weren't guilty of the offense then it should be fine?

Innocence isn’t a factor, records of both guilt and innocence can be exspounged.. 

 

to the OP, supply as much documentation as possible, if like my case all court/police records deleated provide receipts of any fine payments and a statement disclosing information to the best of your knowledge/recollection. 

 

Check to see if your records would have you fall under inadmissible if so, be ready to provide explanation at interview cause it’s highly likely the officer will ask you to file a waiver. 

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Filed: K-1 Visa Country: Russia
Timeline
18 minutes ago, Duke & Marie said:

Innocence isn’t a factor, records of both guilt and innocence can be exspounged.. 

 

to the OP, supply as much documentation as possible, if like my case all court/police records deleated provide receipts of any fine payments and a statement disclosing information to the best of your knowledge/recollection. 

 

Check to see if your records would have you fall under inadmissible if so, be ready to provide explanation at interview cause it’s highly likely the officer will ask you to file a waiver. 

What does inadmissible mean?

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What type of crime(s) was/were they? The vast majority only require disclosure. No lawyer is needed for that.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Russia
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11 minutes ago, Pinkrlion said:

There is no such thing as expunged records for immigration, be prepared to provide a copy of the charges and disposition.  

I am aware of this. 

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13 minutes ago, Cheburashka34 said:

What does inadmissible mean?

Not admissible. It means you cannot be admitted to the US.

That doesn't apply here...I'm assuming you are the USC.

The only issue would be if you required a waiver for petitioning.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Russia
Timeline
2 minutes ago, geowrian said:

Not admissible. It means you cannot be admitted to the US.

That doesn't apply here...I'm assuming you are the USC.

The only issue would be if you required a waiver for petitioning.

Yes i am the USC. My case was initially dismissed because the complaining witness requested it be due to lack of guilt and I have the paper that the witness wrote saying I am innocent.

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1 minute ago, Cheburashka34 said:

Yes i am the USC. My case was initially dismissed because the complaining witness requested it be due to lack of guilt and I have the paper that the witness wrote saying I am innocent.

So no conviction? Then it just needs to be disclosed (including documentation).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Russia
Timeline
2 minutes ago, geowrian said:

So no conviction? Then it just needs to be disclosed (including documentation).

Conviction means i was found guilty right? Then yes, no conviction. The paper says it was dismissed because the witness requested it to be and i completed 8 hours of community service and went under an evaluation. This was about 9 years ago and i was only 17 at the time.

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39 minutes ago, Pinkrlion said:

There is no such thing as expunged records for immigration, be prepared to provide a copy of the charges and disposition.  

Actually there is... and the whole thing about expunged records are that they have generally been destroyed or sealed.. so you can’t always provide copies

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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Filed: K-1 Visa Country: Russia
Timeline
3 minutes ago, Duke & Marie said:

Actually there is... and the whole thing about expunged records are that they have generally been destroyed or sealed.. so you can’t always provide copies

All I have is a copy of why the case was dismissed, testimony from the complaining witness saying what happened (that I am innocent) and a copy of the expunction from the court saying that it is granted.

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