diana2290 0 Posted September 25, 2013 I know for immigration purposes that the record will show up and the "expungement" doesn't mean it is erased. Before an epungement someone with a SM can not even apply, after an expungement it makes them eligible to apply. My questions is, How many approvals, if any, have been after having SM expunged? Thanks, Diana Share this post Link to post Share on other sites
diana2290 0 Posted October 5, 2013 does anyone know of anyone who has been approved for DACA after having their record expunged? Share this post Link to post Share on other sites
Nancy Mora 12 Posted October 5, 2013 I didnt have my record expunged but i got in trouble and it was on my record reckless endargement but when i went to court the persons involved just payed for the persons hospital bills anf that was it. I waited 10mths for an approval when i requested info they just said they had to take a closer look at my case. I read that ur no eligible if you ptove to be a threat to the US or any other significant misdemeanors. Im not sure if that answers your question. Share this post Link to post Share on other sites
jaymun86 7 Posted October 6, 2013 There are many factors that go into it. In my case for example, I got a DUI when I was 16. I was not really drunk but because I was a minor I got charged with it. I also got it sealed. I was convinced that I did not qualify but I decided to seek legal advice just to be sure. I spoke with several lawyers looking and expecting one to tell me I would not qualify. by the way im turning 27 in a couple months and ive been in the U.S since I was 2 (just a little background) I was told by all of them that from previous cases I would be OK. I was told they take age and all details into account. All appications are looked at on a case by case bases. ( at least I hope). Still waiting to hear something, going on my 8th month now so of course im feeling very nervous but its in God hands now. whats your situiation? if you don't mind me asking. Good Luck to you and me Share this post Link to post Share on other sites
diana2290 0 Posted October 8, 2013 Hello, Thanks to those of you that have replied. I am trying to get information everywhere because I know that they are doing it on a case by case and all the legal advice we have seeked so far is not very promising. The thing is I am US Citizen and I petitioned my husband back in February 2011 however our "lawyer" told us he would not have to leave the country and it turns out once I got the NVC notices and documents that was when we found out that he lied and my husband was going to have to leave for his Visa appointment. At the time my husband was the only one working and I was pregnant so him leaving was not an option. It still isn't. So I am still in communication with the NVC just so that our case does not close. I paid the Affidavit of support fee and the Visa App fee but have not submitted the actual documentation yet. However in December 2011 once our son was born and my husband lost his job we had a domestic violence indicident. We were basically fighting and he slapped me and my instinct was to call the police. I am a psychology major so my gut told me this was the right thing to do. I know I am giving out maybe too many details but just so that you understand the background. After speaking to lawyers about this they basically told me if we continued the process and he left to Ciudad Juarez for his Visa Appointment that he would automatically be denied. Thus him staying in Mexico for who knows how long. This is why we paused the I-130 process. This is where my DACA quesiton comes in. If it were not for his record, he would be eligible for DACA. After the DV incident happened we were separated for about 2 months due to the restraining order, at which point we went to court to get it removed because we had reconciled. He finished his 52 week batterer's course(requirement), I went to a 10 week PEP course (optional), we got rid of the restraining order, we each went to individual and couples counseling, we took parenting classes, and are both current students. We now realize what was the cause of our problems and have learned from our mistakes. He was given 2 days in jail on paper but only served about 4 hours because his mom bailed him out, 8 hours of community service, his 52 week class, and 4 years informal probation. Besides this incident he's only had traffic tickets (driving w/o license, speeding) and 1 ticket because he had an open container of beer at the beach (bbq) but it was after hours. Other than that nothing else. He filed to get his record expunged in May 2013 and received a call last month that they are still working on it but that there are many applicants and that his application might take longer. Which at least gives us hope that it will be expunged. Our plan is to apply and the worst that can happen is that it gets denied. However i'm not sure if we should if no one else in a similar situation has ever gotten approved. Any advice? PS. My husband will be 27 in January 2014 and he has been here since he was 10 years old. Share this post Link to post Share on other sites
jaymun86 7 Posted October 9, 2013 If he was chargrd, I don't think he would qualify even if its expunged. Which sucks because they should look at who the person is now. good luck and I really hope it works out for you guys. Share this post Link to post Share on other sites
diana2290 0 Posted October 16, 2013 Thanks for your input. Does anyone else know of anyone who has been approved after having a significant misdemeanor and having it expunged? Share this post Link to post Share on other sites
jaykumarv 0 Posted October 21, 2013 I just got approved last week, and I had a PODP. I didn't have it expunged yet, just deferred ajudication. Share this post Link to post Share on other sites
BASHTIAN 6 Posted October 21, 2013 I just got approved last week, and I had a PODP. I didn't have it expunged yet, just deferred ajudication. i had a misdemeanor i got stooped with driving with no licence Application Received March 6 2013 Biometrics March 20 2013 RFE September 19 2013 RFE sent september 20 2013 RFE received september 25 2013 Now is just Pending Stilll on Initial Review today is october 20 2013 hoping i get approved soon Share this post Link to post Share on other sites
