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Obtaining Permanent Residency with a Misdemeanor

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  • 04-11-2009, 11:11 AM
    armendin
    Obtaining Permanent Residency with a Misdemeanor
    Hello,

    I would like some advice on our situation. I am a U.S. citizen married to a Mexican citizen. We used to live in California and were married there. We petitioned the i-485 but found out that due to a previous misdemeanor conviction that my husband had, it would not be approved and that he may face deportation. The misdemeanor conviction was for holding a US citizen birth certificate (he was trying to get his driverīs license at the DMV). This happened in 2000 and we had his record was expunged.

    So because of the uncertainty of living as an illegal, we decided to move to Spain, as I have dual citizenship - my father is Spanish. We have been here for 2.5 years and his papers are in order here. We are in the process of obtaining his Spanish citizenship.

    The question then is: If we would like to go to the US and of course, petition for his US permanent residency (now as a Spanish citizen) will his previous misdemeanor conviction come back to haunt us and prevent him from obtaining a green card??

    Thank you very much for your help and/or advice!!
  • 04-12-2009, 07:07 PM
    LawResearcherMissy
    Re: Obtaining Permanent Residency with a Misdemeanor
    Quote:

    will his previous misdemeanor conviction come back to haunt us and prevent him from obtaining a green card??
    Most likely, yes.

    Although he had his record expunged, that record is still available to the USCIS. Often, a misdemeanor charge is cause for additional scrutiny, but doesn't usually hold up a green card application.

    In your husband's case, though, the specifics of the charge make a difference. The USCIS takes a dim view of counterfeit documents.

    Certainly, consult with an immigration attorney, but be prepared to hear news you might not like.
  • 04-13-2009, 03:56 AM
    armendin
    Re: Obtaining Permanent Residency with a Misdemeanor
    Thank you for your help. This is what we assumed would be the case.
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