Immi Issues after Getting a Criminal record.

[Frankfunguy]

I'm a H1 Visa Holder . Recnetly I was wrongly Accused & convicted of 2 counts of misdemeanor (simple Assault & disorderly conduct). I want to know what will be the consequences 1. when I apply for my Visa extension. 2. Apply for my I-485 & 140. 3. Will expungement of Records help in any way?. Please advice how to proceed.

[JoeF]

Re: Immi Issues after Getting a Criminal record

Hmm, you were "wrongly Accused & convicted". I guess the court didn't see this as "wrongly" accused... so there apparently was enough evidence that you were rightly accused...

For immigration consequences, it depends on the maximum sentence. If the maximum sentence is more than 1 year of prison time, it is considered a crime of moral turpitude and you'd be deportable.
Expungement will not help. For the I-485, you have to list all convictions, even if the records were expunged.

[Frankfunguy]

Re: Immi Issues after Getting a Criminal record

Joe,

Thanx for ur comment... but I had to go thru all these things coz I did not know my rights and ignorant of Law.

anyways.. Initially I was sentenced for 1 yr ( 10 dys inprison & 11 months 20 days probation). but My supercedes bond was accepted and I was out in 2 days. Also The case was closed b4 12 months.

What will be the consequense of Listing the crimes in I-485?

How Long can I be in the Authorization to work status b4 i apply for my 485?

[JoeF]

Re: Immi Issues after Getting a Criminal record

Did you get a lawyer?
The old saying: "he who defends himself has a fool for a lawyer."

You are most likely in a lot of trouble. You absolutely have to mention the conviction on the I-485. If you don't, you may be banned forever for hiding a material fact.
The actual time served is pretty much irrelevant. The maximum sentence possible is what counts.
I suggest you go to a good lawyer ASAP.

[Frankfunguy]

Re: Re: Immi Issues after Getting a Criminal record

Thanx Joe..If you know something about this.. can you refer me to someone Good in the City of Atlanta... also How much will be the hourly charge. or how will i know That I'm choosing a competant one..?

[JoeF]

Re: Immi Issues after Getting a Criminal record

I'm sorry, I'm in California. I don't know anybody in Atlanta.
As for choosing a good lawyer, you ask questions, for example about how they would handle such cases, if they have experience about such cases, etc.
Be prepared to pay more, since they have to find ways to repair the damage that has already been done. Another reason why it is good to have a lawyer from the onset, to avoid the damage in the first place.