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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 26202
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello! I would like to ask a question. Im a Cuban resident

Customer Question

Hello! I would like to ask a question. I'm a Cuban resident but I have a felony charge for 3rd degree Grand Theft (no conviction). This happened a year ago and I already filed this to be expunged. I'm planning on going to Cuba during this summer. Will I be deported when I come back
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith replied 2 years ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Are you a US permanent resident?

You were charged but the case was dismissed or you were found not guilty?

 

Judith

Customer: replied 2 years ago.
Yes. I'm a permanent resident. The case was dismissed. I did 6 month of court options. Thank you for answering my question
Expert:  Judith replied 2 years ago.

OK, the definition of "conviction" is different under immigration laws than it is under criminal laws.

Did you ever appear before a judge and have to admit to the facts of the case or admit your guilt before you were given "options"?

What exact program or punishment did you get? Probation before judgment? Diversion?

 

judith

Customer: replied 2 years ago.
It was diversion I never had to say anything in front of a judge! I'm so nervous :(.
Expert:  Judith replied 2 years ago.

You have no conviction under the immigration law definition so have no need to be nervous.

You need to carry with you a court certified copy of the disposition of the charge. The record will always still show up whenever law enforcement checks your criminal history and the burden is on you to prove there was no conviction.

The expungment only hides the record from the public and employers.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 26202
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you so much for your time! Have a great night!
Expert:  Judith replied 2 years ago.

You have a great evening and enjoy your trip.

Judith

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