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How to clear FBI criminal background for immigration purposes?

Milwaukee, WI |

I was pulled over driving a semi truck without having an authorization to work in the states four years ago. They detained me for 2 weeks until I posted a bond. Immigration case was opened because I overstayed my J1 visa for more than a year. Immigration Judge granted me voluntary departure and I left the country right away. From my home country I sent a request for a FBI criminal background check and got the letter with no criminal records but a statement that I was 'Deportable alien' . Since I was granted a voluntary departure, does it mean that my case was dismissed? If so, Is there a way to expunge this record? Any advise would be appreciated.

Attorney Answers 3

  1. The answer to your first question is "yes".
    Unfortunately an expungement is considered "worthless" for immigration purposes.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. This is more properly an Immigration question than a criminal defense question. I will change the category so it will come to the attention of more Immigration lawyers if they would have a different view than already expressed.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:

  3. You cannot expunge an immigration order. You were ordered deported if you did not comply with the voluntary departure order.

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