Application for Green Card, criminal record and expungement of such.

[lena83]

Hi there,
My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a criminal record, that was expunged 3 years ago. It was a petty theft offense, 10-12 years ago. It was an isolated incident and since then he's been an upstanding, responsible citizen. During the background check that will be done, will the expunged record still show up. Does he need to admit to this on his application? If he does, will this negatively influence his application for green card? What is the best way forward in your opinion? Any advice would be greatly appreciated. Thanks!

[nicoeppersma]

Hi there,
My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a criminal record, that was expunged 3 years ago. It was a petty theft offense, 10-12 years ago. It was an isolated incident and since then he's been an upstanding, responsible citizen. During the background check that will be done, will the expunged record still show up. Does he need to admit to this on his application? If he does, will this negatively influence his application for green card? What is the best way forward in your opinion? Any advice would be greatly appreciated. Thanks!

Expunged records are taken into account for adjustment of status purposes. However, this will most likely not influence the decision.