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Could USCIS use a old conviction against me ? even if I have a Governor's Pardon and a Certificate of Rehabilitation?

Los Angeles, CA |

I have a I-130 approval 1995 by my mother but before I got (LPR) I was convicted of a felony 12020(a) possession of a deadly weapon . Later got a dismissal 1203.4 after probation and reduced to a misdemeanor. Got deported twice currently in Mexico I have a Approved I-130 from my wife about a month ago . Would the US Consulate accept the Certificate of Rehabilitation and Pardon.

Attorney Answers 3


You will need a good attorney and a Waiver.

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You have stated that you got PC 1203.4 and that is very different from "Pardon". PC 1203.4 will show dismissal of your matter, however may not be effective as to erasing the weapon charge as far as immigration is concerned. You need to consult with an attorney to discuss details of your matter and evaluate to see if there is a waiver that you can utilize. Your criminal conviction and priors play a great role in that decision.

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The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.

You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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