Peachtree City, GA asked in Immigration Law for Virginia

Q: Should a Canadian citizen have a criminal record (Assault 266 CC) removed if applying for US permanent resident status?

Should the record be pardoned? Should we just leave it as it and apply. The situation was a one off situation and corrective measures were taken and there have been no other situations that have come after.

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1 Lawyer Answer
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
Answered
  • Immigration Law Lawyer
  • New York, NY

A: We do not know the date when the crime was committed to see how remote it may be from your application now. Not sure if there was more than an arrest and what exactly the person was convicted for if in fact they were convicted. In any event, USCIS will be focusing on whether the criminal conviction was one that related to a crime involving moral turpitude. If the crime by itself or if it has additional facts and circumstances related to it that make it more serious, then it could cause the applicant to the inadmissible. And the next step will be to see if there is a waiver that the applicant could use to overcome the inadmissibility. It would probably be very difficult to remove the conviction and it could also be quite expensive and time-consuming.

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