Hi, I'm an international student on F1 visa. Few years ago I had misdemeanor charge (possession of a small amount of marijuana) in North Carolina for which I hired an attorney. Eventually the case was dismissed and I requested for an expungement which was approved. I got a DMV record few weeks ago and there is no sign of than incident. Now my green card application has been approved under "national interest waiver" category and I'm submitting the application for the status adjustment (form I-485). My question is should disclose this expunged case in my I-485 application where it says "have you ever knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested" and "have you ever been arrested, cited, charged, indicted, convicted. fined, or imprisoned for breaking or violating any law excluding traffic violations"
I was told that expungement of that record makes it like it never happened so I think I should not mention it at all (I have the expungement approval notice).
Please advise. Thanks!
You have to disclose all criminal infractions. There is no expungement as far as US immigration law is concerned.
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.
As my colleagues have indicated, you must disclose.
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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