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)
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
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 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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.
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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.