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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I was convicted with 240.26. Will that effect my

Customer Question

hi
I was convicted with 240.26. Will that effect my neutralization ? Is there an option I can convert it to ADA? I have clean records
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.

Was this harassment in NY?

Judith

Customer: replied 2 years ago.
Expert:  Judith Ludwic replied 2 years ago.

It will be considered by the naturalization examiner. The USCIS can look at ANY ACT, it doesn't even have to be a conviction.

So if this incident occurred within the statutory period of 3 or 5 years on which your naturalization is based it will be considered and can lead to a finding of a lack of good moral character.

You will be required to provide the certified copy of the court record, including police report.

It is a different standard than crime involving moral turpitude.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 2 years ago.
the conviction was on march 2013. my background is really clean and the charge has nothing to imply who I am....I am still traumatized from as I got trapped in the system. I am married for about 7-8 years and and had my green card since 2009.....Do I need to try to change any records before I apply? I do not think I fall into the moral issue in my case.
Expert:  Judith Ludwic replied 2 years ago.

Changing the record does no good, you still have to answer YES to the question of an arrest and conviction even if expunged. And you MUST get the certified copy of the court disposition before expungement because you cannot get it after. When they run the background check they will get a hit on you. Expungement only hides the record from the public and employers, but not from law enforcement. The FBI run the background checks and will see the conviction.

Hire a lawyer and try as best you can. The examiner may use their discretion and find in your favor.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 2 years ago.
Hello, how are you? Did you find my answer helpful? Did you have a follow-up question?
Judith

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