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.
