Austin, TX asked in Criminal Law and Immigration Law for Texas

Q: Can I still obtain green card with criminal record ? I was charged with illegal substance but case was dismissed

2 years ago I was charged with drug offense but my case was dismissed before I even went to court and now my girlfriend and I are looking for getting married but I am very nervous about if I am inadmissible is there anyone have an idea about what would happen when i go to green card interview

thank you

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: What was the basis for the dismissal of your criminal case? If you were found not guilty at trial, you are entitled to an immediate expunction. If the case was dismissed by the DA without a plea, you MAY have to wait for the statute of limitations to expire before an expunction can be filed. Was an indictment filed? Clearing up those records will help with the immigration situation. Call your attorney. Good luck

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Be certain to obtain a certified copy of the disposition paperwork prior to filing a petition for expunction. A state court order expunging records is not binding upon the federal government. You really need to discuss this matter privately with an immigration attorney.

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