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I have been convicted of a crime ...

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If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell a USCIS officer?

7. If I have been convicted of a crime but my record has been
expunged, do I need to write that on my application or tell a
USCIS officer?
Yes. You should always be honest with USCIS about all:
• Arrests (even if you were not charged or convicted);
• Convictions (even if your record was cleared or expunged);
• Crimes you have committed for which you were not arrested or convicted; and
• Any countervailing evidence, or evidence in your favor concerning the
circumstances of your arrests, and/or convictions or offenses that you would like
USCIS to consider.
Even if you have committed a minor crime, USCIS may deny your application if you
do not tell the USCIS officer about the incident. Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.


Attorney: Ernesto Luna


Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout "the Space Coast", including Cocoa Beach, Palm Bay and Vero Beach.



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