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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106817
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to go on a mission trip to Cuba with my church but my

Customer Question

Hi, I want to go on a mission trip to Cuba with my church but my F1 student visa is expired. My I20 is still valid though. Also, I was arrested 2 years ago for a misdemenor but the case has been expunged and sealed. My records are clean but I'm still nervous about this trip. Will I have problems to reenter the US after the trip
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Take a look at these links:

https://travel.state.gov/content/visas/en/general/automatic-revalidation.html

https://www.ice.gov/sevis/travel#_Toc81222015

http://www.cbp.gov/sites/default/files/documents/auto_reva.pdf

You will notice that neither the Department of State, the Immigration and Customs Enforcement, nor Customs and Border Patrol have updated their information to include Cuba for Automatic Visa Revalidation. So until they do, I would not travel to Cuba and expect to get back into the U.S. on an expired visa. You will need to go to your home country or Canada or Mexico or any other adjacent island to get a new visa (your home country) or get your visa revalidated. As far as your records, they are not "clean". As far as the public is concerned, you are correct, but the government can always see the arrest even though it has been sealed and then later expunged. You will need to take with you something certified by the authorities that says that no records exist. If you were thorough before you got the case sealed and expunged, or if maybe you had a smart and experienced attorney that helped you, you would have gotten certified copies of the police report and court disposition before sealing/expunging. If you did not get those, then you will still need something certified from the arresting agency and the court that no records exist. If you do not get those and you do not get your visa renewed/revalidated, I would not travel to Cuba. I wish I had better news, but I am just trying to keep you out of trouble.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Abigail. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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