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Any hope of getting permanent residency with misdemeanor showing up on my FBI background check?

Will I Am

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Hello all. I’m an American currently living in Buenos Aires. I recently married my Argentine wife and am in the process of applying for residency. This is a bit embarrassing but...

I have a question for anyone who has gone through the residency process recently in the past year since Milei has gotten tougher. Has anyone had a non-serious delinquent arrest record appear on their FBI background check and still successfully received approval for residency or a visa?

A few months ago, I briefly spoke with someone at immigration who told me that you cannot have anything on your background check or your application will be rejected. Since then, I’ve had a few minor charges expunged at the State level where I got arrested. However, my understanding is that even expunged charges may still appear on an FBI background check. What is your experience?

I’m wondering if anyone has personal experience with this situation, or if you can recommend an immigration lawyer who specifically has experience dealing with background check issues like this. I can’t imagine I’m the only American applying for residency with something minor on their record. I was young and dumb and I don't consider these serious but I do have 3 arrests on my record. When speaking to migraciones they told me it wasn't likely that I would get approved. She said even one arrest was not easy these days let alone 3.

From what I’ve heard, the process may have become stricter after the decree issued in May 2025. If anyone has insight into how things are being handled now, I would really appreciate it.

This has been a very long and stressful process. I’ve been exiting and re-entering the country every three months to remain in legal status while I wait, and I’m honestly worried about going through all of this effort for nothing. I’ve consulted with a few immigration lawyers here in Argentina, but so far I haven’t received clear guidance. They all say something different. One told me that I would have problems just doing border runs and told me it was better to overstay and pay a fee but others told me that overstaying now will put me in jeopardy.

Any advice or shared experiences would mean a lot. Thank you.
 
Hello all. I’m an American currently living in Buenos Aires. I recently married my Argentine wife and am in the process of applying for residency. This is a bit embarrassing but...

I have a question for anyone who has gone through the residency process recently in the past year since Milei has gotten tougher. Has anyone had a non-serious delinquent arrest record appear on their FBI background check and still successfully received approval for residency or a visa?

A few months ago, I briefly spoke with someone at immigration who told me that you cannot have anything on your background check or your application will be rejected. Since then, I’ve had a few minor charges expunged at the State level where I got arrested. However, my understanding is that even expunged charges may still appear on an FBI background check. What is your experience?

I’m wondering if anyone has personal experience with this situation, or if you can recommend an immigration lawyer who specifically has experience dealing with background check issues like this. I can’t imagine I’m the only American applying for residency with something minor on their record. I was young and dumb and I don't consider these serious but I do have 3 arrests on my record. When speaking to migraciones they told me it wasn't likely that I would get approved. She said even one arrest was not easy these days let alone 3.

From what I’ve heard, the process may have become stricter after the decree issued in May 2025. If anyone has insight into how things are being handled now, I would really appreciate it.

This has been a very long and stressful process. I’ve been exiting and re-entering the country every three months to remain in legal status while I wait, and I’m honestly worried about going through all of this effort for nothing. I’ve consulted with a few immigration lawyers here in Argentina, but so far I haven’t received clear guidance. They all say something different. One told me that I would have problems just doing border runs and told me it was better to overstay and pay a fee but others told me that overstaying now will put me in jeopardy.

Any advice or shared experiences would mean a lot. Thank you.
I don't think it matters if you get them expunged at the state level where you got arrested. It is still going to show up on the FBI report. The FBI report has a record of ALL crime. After the May 2025 change it is tougher. Migraciones evaluates all based on the FBI report. You probably don't want to share what crimes you have but it is probably going to depend on what crime it is. Honestly with 3 arrests I don't think it will be easy. A few people I know got rejected with just one arrest and when they were younger.
 
Agree with Finance Prof it probably depends what you did but woudl agree 3 arrests isn't going to be easy. Probably why no lawyer wants to touch it. It's my understanding that ANY arrest will show up on the FBI report. I'm not saying it will be impossible but it would have been tough even before the change. After it more difficult. They want to keep out of Argentina people that were doing crimes in other countries.

Even if you are married with the new decree you can't apply for permanent residency out of the gate. I believe you have to apply for temporary residency for 3 years and then after that you can apply for permanent residency.
 
Hello all. I’m an American currently living in Buenos Aires. I recently married my Argentine wife and am in the process of applying for residency. This is a bit embarrassing but...

I have a question for anyone who has gone through the residency process recently in the past year since Milei has gotten tougher. Has anyone had a non-serious delinquent arrest record appear on their FBI background check and still successfully received approval for residency or a visa?

A few months ago, I briefly spoke with someone at immigration who told me that you cannot have anything on your background check or your application will be rejected. Since then, I’ve had a few minor charges expunged at the State level where I got arrested. However, my understanding is that even expunged charges may still appear on an FBI background check. What is your experience?

I’m wondering if anyone has personal experience with this situation, or if you can recommend an immigration lawyer who specifically has experience dealing with background check issues like this. I can’t imagine I’m the only American applying for residency with something minor on their record. I was young and dumb and I don't consider these serious but I do have 3 arrests on my record. When speaking to migraciones they told me it wasn't likely that I would get approved. She said even one arrest was not easy these days let alone 3.

From what I’ve heard, the process may have become stricter after the decree issued in May 2025. If anyone has insight into how things are being handled now, I would really appreciate it.

This has been a very long and stressful process. I’ve been exiting and re-entering the country every three months to remain in legal status while I wait, and I’m honestly worried about going through all of this effort for nothing. I’ve consulted with a few immigration lawyers here in Argentina, but so far I haven’t received clear guidance. They all say something different. One told me that I would have problems just doing border runs and told me it was better to overstay and pay a fee but others told me that overstaying now will put me in jeopardy.

Any advice or shared experiences would mean a lot. Thank you.
Good luck. I went through this process and the process was slow and painful even for someone that had no arrest record. There is a Whatsapp group that I was a part of. It may be helpful and probably others have been in your situation. I'm not sure about multiple arrests but I remember a few that were in your shoes with something on their record.

 
It's going to depend on what you did probably. Obviously drunk driving is different than assault. I know someone that got arrested for drunk driving and still got permanent residency here. Did you order a copy of your FBI report? What does it show? You can order one here:

 
I'm no American but I have many American friends. My mate was in this situation but he had one misdemeanor. I don't think it was anything too serious. His girlfriend assaulted him and he ended up hitting her back. Big mistake. When the dust cleared he did get it expunged in California where he got arrested.

He had to first get the expungement and then he had to appeal to the FBI to get it removed but he was successful so you may want to see if the FBI will remove it but they will ask for the expungement record.
 
Hello all. I’m an American currently living in Buenos Aires. I recently married my Argentine wife and am in the process of applying for residency. This is a bit embarrassing but...

I have a question for anyone who has gone through the residency process recently in the past year since Milei has gotten tougher. Has anyone had a non-serious delinquent arrest record appear on their FBI background check and still successfully received approval for residency or a visa?

A few months ago, I briefly spoke with someone at immigration who told me that you cannot have anything on your background check or your application will be rejected. Since then, I’ve had a few minor charges expunged at the State level where I got arrested. However, my understanding is that even expunged charges may still appear on an FBI background check. What is your experience?

I’m wondering if anyone has personal experience with this situation, or if you can recommend an immigration lawyer who specifically has experience dealing with background check issues like this. I can’t imagine I’m the only American applying for residency with something minor on their record. I was young and dumb and I don't consider these serious but I do have 3 arrests on my record. When speaking to migraciones they told me it wasn't likely that I would get approved. She said even one arrest was not easy these days let alone 3.

From what I’ve heard, the process may have become stricter after the decree issued in May 2025. If anyone has insight into how things are being handled now, I would really appreciate it.

This has been a very long and stressful process. I’ve been exiting and re-entering the country every three months to remain in legal status while I wait, and I’m honestly worried about going through all of this effort for nothing. I’ve consulted with a few immigration lawyers here in Argentina, but so far I haven’t received clear guidance. They all say something different. One told me that I would have problems just doing border runs and told me it was better to overstay and pay a fee but others told me that overstaying now will put me in jeopardy.

Any advice or shared experiences would mean a lot. Thank you.
Argentina is mainly interested in crimes involving violence, anything drug trafficking related, serious criminal convictions, fraud, crimes with significant prison time, active warrants.

Argentina is going to see all of these factors. Expungement helps a lot because it shows the US courts thought it was minor, you took legal steps to resolve it. It's not going to erase it from the FBI report but it changes the context.
 
Just enter on a tourist visa and never leave, what's the worst that can happen
Probably not ideal for his new bride. I honestly think as long as the arrests are nothing serious and he gets them expunged he has a shot. When you are already married it falls under family reunification grounds. I think they would be more flexible at migraciones. That would not be a good start to the marriage if you had to leave Argentina because of past crimes!
 
Do NOT do the border runs every 90 days. That is a big no no. See the other post earlier today. You are better off to just stay put. That is technically illegal too doing those so stay put. Don't put any more scrutiny on yourself. You qualify via the marriage so get a lawyer. Get the FBI Identity history summary and see what it says. I'd work to get your expungements at the state level which sounds like you already are. Then appeal to the FBI with it to remove them.

Immigration no matter which government you are in care more about transparency than perfection. I was getting my Global Entry and I heard a guy next to me interview and the agent asked him if he got arrested before and the guy said no. Automatic rejection and told him he lied. He should have just been honest. The guy was crying saying that he got it expunged but the agent asked him if he was arrested not convicted. The guy came across as lying.
 
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