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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


  1. You will need a good attorney and a Waiver.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. 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.


  3. 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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