Do we need a waiver because he overstayed his visa, do we need a waiver because of his charge even though it has been 10 years.

Asked over 1 year ago - Philadelphia, PA

I am married to a foreign national who came to the U.S. on a F1 student visa. His Visa expired December 2006. About 10 years ago he pleaded no contest to a prostitution charge for which he received community and fines. His record was expunged. He has never had a charge before or after this. We are planning to apply for adjustment of status. (marriage)

Attorney answers (4)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . There are many factors involved here that really cannot be answered in a forum such as this, such as whether or not you are a US citizen, whether your boyfriend is still in the US and whether he has ever left. In general, if he has remained in the US, he will not need a waiver for the overstay, assuming you are a US citizen, but there may be other issues. You should consult with an attorney to review your entire situation.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Philip Alan Eichorn

    Contributor Level 19


    Lawyers agree

    Answered . With the overstay and the criminal issue, you need representation. Please retain counsel. There is no need for a waiver for unlawful presence if he has not departed the U.S. Only a departure triggers the ten year bar.

  3. Rochelle Inger

    Contributor Level 9


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If you are a US citizen and he is an overstay he can still adjust status. Procuring the services of a prostitute and paying a fine should not present a problem, however you need to get a copy of the disposition even if it was "expunged" and immigration needs to know about it. I agree with my colleagues that more information is needed.
    Rochelle Inger, 845-270-0601

  4. Alice Antonovsky

    Contributor Level 14


    Lawyers agree

    Answered . I agree with my colleague. Too many unanswered questions, are you a USC? Is your husband still in the US? An expunged record does not mean it just went away. In fact, when records are expunged it gets difficult to get a certified copy of the disposition. You really need to take your disposition to an experienced immigration attorney who can review it and advise you accordingly. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more

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