I130 and Dismissed crimes that fall under AWA

[retheem 568]

  On 5/31/2023 at 11:24 PM, Cirkul said:

Hello everyone,

 

I am very concerned. I am one year into the I130 process for my foreign spouse. 12 years ago I was falsely charged with sex crimes involving a minor. The allegations were horrible. Prior to trial, all charges were dismissed. I did not take any type of deal, the prosecutor literally chose to dismiss the charges against me. I knew that the dismissed court case might be a problem, so I hired an Immigration Attorney to assist me with the petition. Everything has been going fine until I received a letter from USCIS stating I need to in for biometrics on Friday. My lawyer speculates this is due to my dismissed charges causing red flags at USCIS due to AWA. My lawyer said he does not have much experience dealing with AWA related NOIDS. I would like to think that USCIS will submit my fingerprints to FBI and see no convictions and let my petition proceed. I talked to another attorney today and was told basically, "charges were dismissed, no conviction. Nothing to worry about". Reading posts on this forum has made me choose to worry. I would also like to mention that I ran a background check on myself at my states crime lab, which indicated "no record".  I was fingerprinted and the results of the fingerprint analysis and name search yielded no criminal history. Yet, much of what I see is that USCIS will send a NOID just due to the charges, not taking into consideration that all charges are dropped/dismissed. Am I overthinking this?? I have no problem obtaining copies of the dismissal or anything else that might be asked of me by USCIS.

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If the charges were dismissed, then you are good to go. Might be a delay but you will be fine. Make sure though it's in fact a dismissal and not a pre-trial diversion ( look carefully your documentation) coz that may be tricky

 

Edited June 1, 2023 by retheem

[Cirkul 18]

  On 6/1/2023 at 7:38 PM, retheem said:

If the charges were dismissed, then you are good to go. Might be a delay but you will be fine. Make sure though it's in fact a dismissal and not a pre-trial diversion ( look carefully your documentation) coz that may be tricky

 

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Retheem,

 

Thank you for your response. I understand there may be a delay and I halfway expected it. I didn't expect something like a denial or a notice of intent to deny. If I get a NOID I will respond accordingly.

 

It was a dismissal. No diversion.

 

Thank you again.

[Ryan H 3,851]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,328]

  On 6/2/2023 at 1:19 AM, Cirkul said:

Retheem,

 

Thank you for your response. I understand there may be a delay and I halfway expected it. I didn't expect something like a denial or a notice of intent to deny. If I get a NOID I will respond accordingly.

 

It was a dismissal. No diversion.

 

Thank you again.

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I would obtain the court records, so you can respond to a request for them promptly.  I would check with your original defense attorney to see if more information is available about why the charges were dropped.  If there IS, it could be helpful.

[Cirkul 18]

  On 6/4/2023 at 10:51 PM, pushbrk said:

I would obtain the court records, so you can respond to a request for them promptly.  I would check with your original defense attorney to see if more information is available about why the charges were dropped.  If there IS, it could be helpful.

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Thank you,

 

Yes I can provide a documented reason why everything was dismissed. I have all of the court records.

[Cirkul 18]

Just a small update, I did go to USCIS and was fingerprinted. My timeline was updated to actively reviewing as of June 2, 2023. So I think it is being looked at. If I get an RFE I will respond to it. I will keep this thread updated.

[TBoneTX 46,731]

Good luck to you!

Edited June 5, 2023 by TBoneTX

[Cirkul 18]

Over two months now and nothing from USCIS. When should I contact them?