Old crime still may be hurdle
AQYour son may want to check with his lawyer again or get a second opinion. A lawyer can’t ethically guarantee results, but a lawyer should be able to say with more certainty whether your son qualifies for naturalization. Generally an expungement does not eliminate a conviction for immigration purposes. Since your son’s conviction is more than five years old, he has the necessary five years of “good moral character” needed to naturalize. However, depending on the crime, his conviction may make him deportable. If that’s the case, he may have a defense in immigration court, but he should know whether he faces that risk before submitting his naturalization application.
AGive your friend a letter to take to the consulate explaining your willingness to cover her expenses and your activity plans during her visit. Form I-134 is not required, but having her submit it is a good idea. That affidavit of support form is not a binding legal document, but it confirms your willingness to help your friend. In developing countries like the Philippines, getting a visitor’s visa can be difficult. Your friend must prove she plans to return home after her visit. If she has a job, business, is in school, has property in the Philippines or close family to return to, her chances are better. Often a consular officer is more sympathetic to a visitor’s application if the visitor is coming for a specific event such as a wedding or college graduation, though that’s not required. Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, NY 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.