Miami Gardens, FL Immigration Law Firms & Lawyers

If you have been out of status since 2000, you cannot get any nonimmigrant visa classification. You will not qualify for permanent residence from an employer either unless you are grandfathered for section 245(i). If you marry a US citizen, then you can get your permanent residence without needing a waiver or section 245(i).

Answer is that any arrest must always be disclosed to the immigration authorities forever. Even if you can expunge or seal the record via state law, the fact of arrest must always be disclosed in any paperwork dealing with the immigration authorities. Keep in mind that the immigration authorities often times assign different consequences to the same incident which the state law may permit you to not disclose. A big mistake that foreign nationals often make is that because their case was sealed or expunged, they believe that they are not required to admit its existence when applying for immigration benefits such as permanent residency or naturalization. This not correct. Always consult with a competent and licensed attorney if any of these issues arise and before you fail to disclose something that you should have disclosed. Any arrest in the period preceding the date of the submission of an application for naturalization (Form N-400) can result in adverse consequences on the issue of whether the applicant has established that she is a person of "good moral character" (GMC) consistent with US immigration law. Increasingly, we have been seeing many more denials of these types of applications - where there is a minor brush with the law during the period for which GMC must be established. Again, the best advice is to speak to someone who knows and can advise you before you make a decision to accept a plea. While the plea may not render you subject to deportation from the US it could result in the denial of an application for naturalization and could also cause trouble when you are traveling in and out of the US.

You may file a motion to reopen with the court. You could also apply for I485 but may be ineligible due to your manner of entry. Please make an appointment should you wish to discuss.