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legalgems
legalgems, Lawyer
Category: Immigration Law
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Last year August 2016 my ex-bf and I have a conflict and he

Customer Question

Hi, last year August 2016 my ex-bf and I have a conflict and he call a cops and I told them I slap him and I went to jail for a day and judge recommend me to do diversion program and I did and pay my fines. And now I'm wondering if this will be a problem for me if I apply for Citizenship? I'm really worried that I will get denied if I apply for it. I hope someone can give answer with my situation. Thank you.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

Unfortunately the officer will look back 3-5 years to see if the applicant was involved in any crimes involving moral character, and generally injuring a person constitutes an offense.

However, the officer can look at mitigating circumstances and if the event was isolated, and minor, they may disregard it; there is unfortunately no guarantee as it is at the discretion of the officer assigned to the case; please see:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html

Normally a conviction is required so if the case was dismissed that will be favorable.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
I been here in Kansas for over 8 years now and the judge also said after a year it will expunged so when I apply for citizenship even the judge said it will be dismissed after a year should I still mentioned this to them? Thank you
Expert:  legalgems replied 4 months ago.

Expungement does not erase the conviction for immigration purposes unfortunately.

Expunged Records and the Underlying Conviction​

A record of conviction that has been expunged does not remove the underlying conviction.​ [22] ​For example, an expunged record of conviction for a controlled substance violation​ [23] or any ​crime involving Moral turpitude (​CIMT​)​ does not relieve the applicant from the conviction in the immigration context.​ [24] In addition, foreign expungements are still considered convictions for immigration purposes.​ [25]

The ​Board of Immigration Appeals (BIA) has held that a state court action to “expunge, dismiss, cancel, vacate, discharge, or otherwise remove a guilty plea or other record of guilt or conviction by operation of a state rehabilitative statute” has no effect on removing the underlying conviction for immigration purposes.​ [26]

The officer may require the applicant to submit evidence of a conviction regardless of whether the record of the conviction has been expunged. It remains the applicant’s responsibility to obtain his or her records regardless of whether they have been expunged or sealed by the court. USCIS may file a motion with the court to obtain a copy of the record in states where the applicant is unable to obtain the record.​

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html