Maison Law Immigration Lawyers can help you explore all the different options you have to either move to California or continue your life here. When you have a criminal history, it unfortunately will be a factor in your immigration case. But if your conviction was expunged, it can provide important context for you. We can guide you through the process. Set up a free consultation today.
Immigration Options If You Have a Criminal History
Despite what you might have heard, having a criminal conviction doesn’t automatically mean your immigration options are off the table. What it does mean, though, is that your situation is a bit more complicated than normal—even if the conviction happened years ago and you’ve done everything you can to move on. The tricky part is that immigration law doesn’t always look at criminal convictions the same way California courts do.
Basically, you still have the same rights and options in terms of applying for some type of immigration petition, whether it be:
- An adjustment of your current status
- Applying for a green card
- Applying for a visa
- Asking for a waiver if your conviction disqualifies you
So in other words, it comes down to your particular situation. USCIS decides things on a case-by-case basis, which means that your criminal history is going to come into play as part of their review. Typically, that results in them looking at:
- What you were charged with
- Whether you were convicted
- Your current status
- If you’re eligible for a waiver
The point is, you shouldn’t assume that a past conviction means you can’t move forward with your immigration plans. It ultimately comes down to your individual case and situation, which is why it’s important to understand how even an expunged conviction is going to factor into things.
Will My Expunged Conviction Still Affect My Case?
The point of getting a criminal charge expunged off your record is pretty simple: it’s so you can move forward with your life without the conviction following you around. That’s especially important if you’re an immigrant, because immigration is a federal issue.
That’s important, because even if your conviction is expunged on a state level, it’s still going affect your case in one way or another, usually by:
- USCIS still considering what you were convicted of and how you were punished
- You still needing to disclose that you have criminal charges in your history, even though it’s now expunged.
- Having to go to other immigration options than what you originally intended. That then brings in other requirements.
Here’s the bottom line: having a conviction expunged doesn’t fix everything when it comes to immigration. You still have to be careful when it comes to what you disclose and what you provide to USCIS. Which brings up a natural question: what can you do to help your case?
Can I Help My Immigration Case Even With a Criminal History?
Even though USCIS will still consider your expunged conviction as they review your case, there’s always things you can do to help yourself. Usually, the best practice is to have as much information as you can that shows the full context of your criminal history. To do that, focus on:
- Your complete criminal record and history, or as much as you can provide.
- Your immigration history, including your current status and any past violations or travel restrictions.
- Documentation that shows what you’ve been doing post-conviction, especially if you’ve completed probation and haven’t been in trouble since.
- Your current family situation and circumstances, which is especially important if you’re going after a hardship waiver.
Of course, just being able to provide these things doesn’t mean your application is going to automatically be approved. USCIS is looking at the whole picture, so you should too. Your expungement matters, but so do the details of your original charge and how you’re dealt with it since. And remember, no matter what your situation is, our team will be with you throughout the whole process to help.
How Maison Law Immigration Lawyers Can Help You in California
Having a criminal record feels like something you’ll never be able to shake off, especially if you’re an immigrant in California that’s trying to move through an application. Having your conviction expunged can be an important step not just for your immigration case, but your life in general.
So, that’s why it makes sense to not try to go through the whole thing by yourself. Our team at Maison Law Immigration Lawyers are ready to help you by:
- Looking over your original criminal records and expungement documents.
- Finding other potential immigration problems before you file.
- Figuring out whether you may qualify for a green card, another immigration benefit, or a waiver.
- Helping you pull together the right documents and prepare your application.
Every case is different, and having an expunged conviction doesn’t automatically mean your immigration application will be denied—or approved. One way or another, though, it’s going to come into play. Our team will make sure you’re prepared. Set up a free consultation today.
