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To what extent may an alien face problem to be admitted in the US even by holding a visa and a Petition and Order of Expunction?

Wake Forest, NC |
Filed under: Immigration

My wife and I are Brazilians who lived in NC for 4 years. Back in 2009, she was accused of larceny and was arrested for a couple of hours. Her case was dismissed a few months later, according to a “Petition and Order of Expunction” issued by the District General Court of Justice. As we want to spend vacation in the US, she got a tourism visa from the US Consulate in Brazil after showing that petition. As per the attorney who defended her in NC in 2009:
“Her case was dismissed. There was no determination of guilty made by a judge; the case was dismissed by the prosecutor. The case would not be expunged if she was convicted. The actual court file has been destroyed per the expungement process. Case was dismissed by the district attorney’s office with no admission of guilt on her part”.

Attorney Answers 4

Posted

She should be fine and in the clear. Make sure she carries that letter of her.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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4 lawyers agree

Posted

She should be able to enter the country given that the case was dismissed. She needs to carry documentation with her to show the case was dismissed.

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1 lawyer agrees

Posted

She should be fine. You can also get a certified criminal record check from the clerk of court in the county where the charged happened and it will show no conviction, since the matter was expunged. I suggest that because it comes from the court. The letter is just an explanation of the expungement process, where as the certified record will be an official document. You should be fine with the letter, but if you need something more official the certified record check would serve that purpose.

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Posted

She should be fine. You should carry letter with her. Have a good trip.

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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