Lawyer omitted key documents from my I-485

[wagecuck3 31]

I once received a (non-criminal) traffic citation for which I paid a large fine (greater than $500). When my lawyer was preparing the I-485, I provided him with copies of the disposition of the traffic case since this was required to be disclosed with the I-485 application.

 

I believe that my lawyer (whether accidentally or on purpose) may have omitted these documents from the filing. My case is still pending with USCIS. What would be the best way to ensure that the officer receives a copy of these documents so that they will see them before they make a decision on my case? I don't want them to approve my case and then later accuse me of concealment of a material fact.

[Bayanoparker02 6]

9 hours ago, wagecuck3 said:

I once received a (non-criminal) traffic citation for which I paid a large fine (greater than $500). When my lawyer was preparing the I-485, I provided him with copies of the disposition of the traffic case since this was required to be disclosed with the I-485 application.

 

I believe that my lawyer (whether accidentally or on purpose) may have omitted these documents from the filing. My case is still pending with USCIS. What would be the best way to ensure that the officer receives a copy of these documents so that they will see them before they make a decision on my case? I don't want them to approve my case and then later accuse me of concealment of a material fact.

Hey

Wait until you receive any RFE from them

[wagecuck3 31]

Just wanted to provide an update on my situation.

 

My PD became current and no RFE was issued so my new lawyer decided that we could send an unsolicited interfile request to change our answer to the question "have you EVER been arrested, cited, charged, or detained..." to YES, submit the related documentation, and provide an explanation. This was delivered to USCIS 2 weeks ago.

 

I called USCIS earlier this week to check whether the documents were received. The tier 2 representative couldn't tell me anything but they opened up an SR for me, which was classified as a "Filing Question" (it seems we cannot open up this kind of SR ourselves on the website, only customer service can do it). Today the case status indicated that the SR was "completed". I am not sure what this means (will they mail me an acknowledgement?) so I will have to call them again on Tuesday.

[Chancy 6,239]

It's good you switched to a new lawyer.

 

Good luck on your journey!

 

[wagecuck3 31]

Update: My new lawyer wrote to the NBC and to the Field Office to make a correction on the I-485, in order to disclose the traffic citation, and then followed up with them to confirm that it had been received.

 

They also assured me that, even if this were not disclosed, it would not be a material misrepresentation, and therefore could not serve as grounds for deportation or inadmissibility.

 

I was not sure about this latter point, so I consulted some other lawyers as well for additional opinions. The first one told me that, if he had been filing the case, he would have also told me not to disclose it, but he would have done it if I had asked him to (unlike my original lawyer who made the decision without my permission). The second one told me that, while it is best to make the correction with USCIS, it is not a material misrepresentation anyway (i.e. same opinion as my current lawyer).

 

My case is still pending; I can only hope to be able to share good news soon.