Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

A: Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the felony conviction to determine what impact it would have on the applicants case. A lawyer would be highly recommended.

A: If the expungement is granted, it could improve his chances in the citizenship process, but it doesn't automatically erase the history of the charge from immigration records. U.S. Citizenship and Immigration Services (USCIS) often considers the nature of the offense and its circumstances, even if the conviction is expunged. The crime of making false information might raise red flags, but since it happened years ago and he has demonstrated good moral character since, that will weigh in his favor.

Being married to a U.S. citizen for over 10 years and having a U.S. citizen child also supports his case for naturalization. However, immigration decisions often take into account a full review of his character and history, not just the fact that the conviction is expunged. His long-term marriage and family ties are positive factors, but it's important that he be upfront about his past when applying.

Consulting with an immigration attorney can help ensure that all the necessary steps are properly handled, improving the chances for a smooth application. An attorney can offer guidance on how to present the case effectively, but they won’t be able to speed up the process itself. Preparation and honesty will be crucial as part of the application.