Tampa, FL asked in Criminal Law, Immigration Law and Domestic Violence for Florida

Q: I’ve been a green card holder since 2007. My green card expires in less than 3 years. I’m married to a US citizen.

I’ve been a legal resident since 2007. My green card expires in 3 years. I’m married to a US citizen for 5 years. We have a child who’s 10 months old. I was arrested for child abuse in Dec of 2017. However the state attorney in FL didn’t file formal charges as long as I complete my civil court requirements. I’ve completed them already and I’ve been reunified. Case is closing in Dec of this year.

Should I apply for citizenship or renew my green card right away or should I wait? Should I get my arrest records expunged or sealed as well? I was also honorable discharged from the service as a result of my legal situation. What’s my best course of action. Thanks.

1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Answered

A: We strongly suggest you seek an attorney’s counsel in your case. Depending on the statute, under which you were charged/pled, you could have some serious issues regarding your ability to remain in the United States. Getting your records expunged or sealed would do you no good, because the government considers any type of restraint on someone’s liberty as a conviction for immigration purposes. For example if your case was dismissed subsequent to fulfilling court-ordered actions, that is a conviction for immigration purposes.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.