Burlingame, CA Immigration Law Firms & Lawyers

If he has a deportation, you will have to get the deportation case reopened by filing a joint motion to reopen with the government. Once government agrees to reopen the case then you can file for his adjustment of status with the USCIS. This could take some time. If the government does not agree to jointly reopen the deportation case then he cannot file for Green Card.

Sponsorship under form I-864 affidavit of support is regarded as a contract between you and the U.S. government in which the person sponsored is a third-party beneficiary. Under part 8 of the I-864 called the "Sponsor's Contract", "You agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. government can consider your income and assets to be available for the support of the intending immigrant." You are to provide the intending immigrant "any support necessary to maintain him or her at an income that is at least 125 percent of the federal poverty guidelines." For a party of one, that amount would be $13,962.50 under the 2012 poverty guidelines. Although you are divorced, the contract follows you and can only be broken upon your ex-wife's naturalization, death, permanently leaving the U.S., having 40 quarters of earnings in the U.S. (10 years), or becoming subject to removal but being able to gain a new grant of adjustment of status in removal proceedings based on a new affidavit of support, if one is required.

You will always have to answer "yes" regardless of expungement. Expungement generally is not automatic, at least not in WA state. But this is a minor charge, which took place a long time ago, so you should not have to worry about it. As far as your good moral character since then, include some letters from your friends, colleagues, etc., that you are a good person. And you should be fine, provided that you completed all the terms of your probation, etc.