John Akwuba

Attorney John Akwuba has been practicing immigration law in the St. Paul-Minneapolis area for over 25 years. He received his Juris Doctor degree from William Mitchell Law School and has dedicated his career to helping individuals and families navigate the often complex and confusing immigration system in the United States.
John has a passion for immigration law and has a reputation for being knowledgeable, compassionate, and dedicated to fighting for the rights of his clients. He has represented clients in a wide range of immigration matters, including family-based immigration, employment-based immigration, deportation defense, and asylum cases.
In addition to his work as an immigration lawyer, Attorney Akwuba is an active member of the local immigrant community, frequently volunteering his time and resources to assist those in need. He is fluent in English and a little Spanish and can help clients from diverse cultural backgrounds.
Attorney Akwuba is a member of the Minnesota State Bar Association - Immigration Section and the Ramsey County Bar Association. He is dedicated to staying up-to-date on the latest developments in immigration law and is committed to providing top-quality legal representation to all his clients.

• Expungement of Records

• Free Consultation
  Consultations are typically conducted over the phone or through video conference. Consultations are limited to general information about the immigration process and do not constitute legal advice. Consultations do not create an attorney-client relationship. If you choose to retain our firm after the consultation, we will provide you with a representation agreement outlining the scope of our services and fees. Consultation fees, if any, will be discussed and agreed upon prior to the consultation. Please be prepared to provide some basic information about your immigration matter during the consultation. To schedule a consultation, please contact us via phone or email.
• Contingent Fees
  Our firm charges a third of any recovery made on behalf of the client. No fees are charged if no recoveries are made on behalf of clients.

Minnesota

Minnesota Supreme Court

Since 1997

8th Circuit

Attorney

Akwuba Law Firm

1998 - Current

Judicial Clerk to the Honorable Harry Seymour Crump

Hennepin County District Court

1996 - 1998

Law Clerk

Minneapolis City Attorneys Office

1994 - 1996

Mitchell Hamline School of Law

J.D. | Law

1996

Certificate of Appreciation

Minneapolis City Attorney's Office

1997

Certificate of appreciation in grateful recognition of my dedicated service.

Minnesota State Bar Association - Immigration Law section

Member

Current

Hennepin County Bar Association

Member

Current

Ramsey County Bar Association

Member

Current

Q. Can a long-term permanent resident with expunged record be deported or apply for US citizenship?

June 30, 2025

A: Overview of the Case:

• Permanent Resident for 39 Years

• Committed a “misdemeanor felony” at age 16 (juvenile offense)

• Later in adulthood, had a criminal case that was:

o Resolved with a plea deal

o Dismissed after probation

o Expunged (i.e., record sealed/cleared under state law)

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Deportability Issues

1. Juvenile Offenses (Committed at Age 16):

• Generally not grounds for deportation if handled in juvenile court.

• Immigration law does not treat juvenile delinquency as a “conviction” under the Immigration and Nationality Act (INA).

o See Matter of Devison, 22 I&N Dec. 1362 (BIA 2000).

However, if the juvenile was charged and convicted in adult court, or the offense was for aggravated felonies like murder, drug trafficking, or sexual abuse of a minor, it could potentially trigger deportability.

2. Adult Criminal Record (Plea → Probation → Dismissal → Expungement):

• Even if expunged under state law, USCIS and ICE do not necessarily ignore the conviction.

• For immigration purposes, a conviction still exists if:

o There was a guilty plea or no-contest plea, and

o The court imposed a form of punishment, penalty, or restraint (e.g., probation).

o See INA § 101(a)(48)(A).

So a dismissed/expunged case may still count as a conviction under immigration law.

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Deportability Grounds?

You would want to analyze:

• Type of adult offense (e.g., crimes involving moral turpitude (CIMT), drug offenses, aggravated felonies, etc.)

• Number of offenses and sentencing (e.g., multiple CIMTs or one CIMT with a sentence over 1 year can make someone deportable).

If the adult offense was not a CIMT, or there’s only one and it fits within the “petty offense exception”, deportability may not apply.

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Eligibility for Naturalization?

To naturalize (apply for U.S. citizenship), a lawful permanent resident must show:

1. Good Moral Character (GMC)

• USCIS looks at the last 5 years before applying (3 years if married to a U.S. citizen) but can consider older conduct.

• If the adult conviction is viewed as a crime involving moral turpitude or falls under certain offenses, it can block naturalization.

2. No Deportability Issues

• If USCIS believes the applicant is removable, they can deny the application and refer to ICE for deportation.

3. Expunged/Dismissed Cases

• Even if the conviction was expunged, it must still be disclosed.

• The underlying conduct, especially if it shows bad moral character, can still negatively impact the application.

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What Can This Person Do?

1. Speak with an experienced immigration attorney.

Before applying for naturalization, a lawyer should:

• Review the court records of the adult conviction (even if expunged).

• Analyze deportability and good moral character implications.

• Possibly file a FOIA request to USCIS, FBI, or ICE to review the government’s records.

2. If eligible, apply for naturalization with:

• Full disclosure of past offenses.

• Documentation of rehabilitation (e.g., letters, community service, stable employment).

• Evidence of strong equities (longtime residence, family ties, contributions to society).

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Conclusion

The individual may still be eligible for U.S. citizenship, especially if:

• The juvenile offense was not tried in adult court;

• The adult offense is not a deportable offense under immigration law;

• They have shown rehabilitation and maintained good moral character.

However, there is a risk that applying for citizenship could lead to deportation proceedings if USCIS identifies a deportable offense. ... Read More

Q. Can I legally re enter US if I have a valid Stamped Visa from my previous employer. I’m on H1B

January 6, 2025

A: Re-entering the U.S. on an H1B visa with a valid stamp tied to a previous employer is legally possible under certain conditions, but there are critical factors to consider:

Key Points:

Valid H1B Status with New Employer:

You must have an approved H1B transfer or petition (Form I-129) from your new employer. This transfer establishes that you are currently in valid H1B status.

Visa Stamp Validity:

The visa stamp in your passport must still be valid. The visa itself does not need to match the name of your current employer as long as it is unexpired and you have an approved H1B petition for your new employer.

Documentation at Port of Entry:

When you re-enter the U.S., you should carry:

A copy of the I-797 Approval Notice for the H1B petition filed by your current employer.

A letter from your current employer verifying your continued employment.

Pay stubs or proof of recent payment from your new employer, if available.

Any additional supporting documents, such as an employment verification letter or company information.

Informing the CBP Officer:

At the port of entry, the Customs and Border Protection (CBP) officer may ask about the mismatch between the visa stamp and your current employer. Clearly explain your situation and present the required documentation.

Potential Risks:

If the visa stamp has expired, you must obtain a new visa from a U.S. consulate or embassy before re-entering the country.

Traveling without an approved H1B petition from your current employer can lead to denial of entry.

Recommendation:

Before traveling, consult with your immigration attorney to ensure you have all necessary documentation and that your travel does not jeopardize your current H1B status. If you’re uncertain about your petition or visa status, avoid international travel until resolved. ... Read More

Q. I have a pending asylum case and a pending TPS case. Can I till apply for H1-B or EB - 2 NIW .

September 25, 2024

A: Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:

1. H-1B Visa:

• Maintaining Status: In order to apply for an H-1B visa, you generally need to be in valid immigration status. If your asylum case is pending and you are not in another valid non-immigrant status (e.g., F-1, J-1), it could be challenging. If you have TPS, this can provide lawful status, but you would still need to go through the H-1B lottery process and meet other eligibility criteria.

• Change of Status vs. Consular Processing: If you're already in the U.S., you would typically apply for a change of status to H-1B. If you're not eligible for a change of status (for example, because you've overstayed or are out of status), you may need to apply for an H-1B through consular processing at a U.S. embassy abroad, which could be risky depending on your current situation.

2. EB-2 National Interest Waiver (NIW):

• Adjustment of Status: You can apply for EB-2 NIW regardless of pending asylum or TPS, but if you are in the U.S. and out of status (e.g., if your legal stay expired while awaiting asylum), it might complicate your ability to adjust status from within the U.S. without leaving the country.

• 245(i) Eligibility: If you’re ineligible to adjust status due to being out of status, you may be eligible under section 245(i) of the Immigration and Nationality Act (INA) if you have a qualifying petition filed before April 30, 2001.

• Dual Intent: Unlike some other visas, both the H-1B and EB-2 NIW allow for “dual intent,” meaning you can apply for permanent residency while in the U.S. under these visas.

Key Considerations:

• Work Authorization: If your asylum application is pending, you may be eligible for a work permit (EAD), which can allow you to work while your asylum case is processed. TPS also allows for work authorization.

• Departure Risks: Leaving the U.S. while your asylum case is pending or without proper advance parole could result in the asylum case being deemed abandoned or create difficulties reentering the country. ... Read More