Legal Question in Immigration Law in Florida

Misdemeanor dismissal effect on Green card process

In 2004 I was arrested for shoplifting. The charges were subsequently dismissed and I successfully completed the MIP program. I am planning to apply for expungement. During our recent H4 extentions, I have truthfull been stating my arrest. Recently our labor came through. We are now applying for the next stage and EAD. If I expunge my arrest, do I still have to say I was arrested on the immigration forms?

How long does an expungement take?

Can I apply for expungement myself?

If I still have to state I was arrested on the form, then will this affect my husbands green card process? Will I be refused EAD?

Thanks for your help.

Asked on 7/25/06, 5:27 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Misdemeanor dismissal effect on Green card process

Shoplifitng or petty larceny is considered by immigration authorities as a so-called crime involving moral turpitude(CIMT). Even if you could get it expunged from your record(presumably under Florida law), it could still result in your exclusion from the United States.

(And, yes, you would still have to answer truthfully on immigration forms as to your commission of the acts which led to your arrest and conviction.)

Read more
7/26/06, 12:03 am

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