Questions on EB3 greencard for nurses

[Blahhhhh 0]

Hi everyone, please would appreciate the response to my question. Just a quick summary. I am currently a Registered Nurse in the US and my employer is filing my adjustment of status. So back in 2016, I was young and stupid and went to the amusement park with my friends and got drunk and before I was really conscious of what was going on, I was arrested and charged with underage drinking and criminal trespass on the same night. So I went to court and the judge dismissed the case but I believe it was a no contest plea. Fast forward to 2021, I and my family and friends went out, just for a nice day out. When I leaving the gathering, I ordered food from a restaurant for pickup, upon getting to the restaurant I realized that my kid was sleeping in the back and he was very young (1 years old). Just cause I did not want to wake him up, I left him in the car with the windows cranked slightly opened. I did not think nothing of this because I remember my parents doing this as a child in my country. Then upon arriving from picking up our dinner, I see the cops around my car, turns out someone reported that there was a baby in the car. After crying and explaining to the cop, the cop said that he would have let me go but because of the situation of how it happened that he will put a lesser charge. Basically I was charged with child endangerment as a misdemeanor. After the incident, I immediately enrolled my self in a parenting class voluntarily. This made the judge to approve a pre trail diversion and the case was eventually dismissed. Both cases were misdemeanor charges that were dismissed and expunged and I have the disposition for both. Fast forward to now, I have since gotten my Registered Nursing license and I am currently working in the hospital. This never showed up on any/all  of the background and FBI I ever did. I was told by the judge that I do not need to disclose any of this to anyone and I can answer no on questions that ask that. In her words she said "if I disclose it, then it defeats the purpose of the expungement." My problem now is that, I am about to go through the I-485 process to adjust my status through EB3 greencard. I am wondering:

1. I am wondering, if I should answer yes to the questions on the I-485 that asks about charges, criminal convictions, and the rest? I was thinking of answering No because I always answer no to questions like this and nothing shows up in the background during FBI and BCI check.

2. if I disclose this to the lawyers that my agency uses, I do not know if my agency will choose not to sponsor me again. Or do I get a personal lawyer to ask all these questions?
3.How do I tell my agency lawyer about this and do you think they will tell the agency not to proceed with the sponsorship? 
 

P.S sorry for the long explanation, I just wanted to include all the context. I will be looking out for any advice.

Edited July 13 by Blahhhhh

[Boiler 45,449]

1. Lying will cause more problems than telling the truth.

 

2. You have to.

 

3. Truthfully

 

I am not going to speculate on your questions I cannot possibly know the answers to.

[Blahhhhh 0]

Okay. Based on the info I provided, do you think that these would affect my chances of getting my greencard?

[Boiler 45,449]

Probably not

[EmilyW 1,434]

Don't lie to US immigration.  Ever. 

[OldUser 6,610]

Always tell the truth. Expunged doesn't mean you weren't charged. If anything you can answer "Yes" and explain how it was expunged and any documentation you have of that. I can probably see where your hesitation comes from. Are you worried you never told employer about that and now you have to disclose it to lawyers and USCIS? Well, if you don't, you may get in bigger trouble.

[Blahhhhh 0]

2 hours ago, OldUser said:

Always tell the truth. Expunged doesn't mean you weren't charged. If anything you can answer "Yes" and explain how it was expunged and any documentation you have of that. I can probably see where your hesitation comes from. Are you worried you never told employer about that and now you have to disclose it to lawyers and USCIS? Well, if you don't, you may get in bigger trouble.

Hi thanks for replying, yes I was charged but case was dismissed never found guilty of anything and I have my disposition that said dismissed without prejudice. I am just wondering because the judge that dismissed and expunged both cases told me that i

did not have to disclose to anyone because it defeats the purpose of the expungement. Yes I am worried about my employer because I never told them that and I did a background check before employment and did an fbi and BCI for my license and everything showed up fine. No criminal record. That's why I was wondering because I do not want to answer no unknowingly and then that becomes a bigger issue. 

[OldUser 6,610]

1 hour ago, Blahhhhh said:

Hi thanks for replying, yes I was charged but case was dismissed never found guilty of anything and I have my disposition that said dismissed without prejudice. I am just wondering because the judge that dismissed and expunged both cases told me that i

did not have to disclose to anyone because it defeats the purpose of the expungement. Yes I am worried about my employer because I never told them that and I did a background check before employment and did an fbi and BCI for my license and everything showed up fine. No criminal record. That's why I was wondering because I do not want to answer no unknowingly and then that becomes a bigger issue. 

Federal agencies, including USCIS can see your entire criminal history including sealed and expunged records. It's best to say yes and provide details of how / when it got expunged. Saying no can be perceived as misrepresentation making you inadmissable, e.g. blocking you from receiving GC.

 

Sometimes it's not the charges that make people inadmissable but saying "no" when "yes" should be said in I-485.

 

 

Edited July 15 by OldUser