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  • I-130 & criminal background

    My lawyer advised me to hold off on filing because one thing on my record didnt show the disposition. It was a felony charge. I finally got the record this morning and it says "dismissed". Is this a good thing for me? I'm inpatient to wait for my lawyer as she is out today lol The other 2 things on my record are misdemeanors and she said those fell under the petty offense.

  • #2
    Originally posted by Sandra McGowan View Post
    My lawyer advised me to hold off on filing because one thing on my record didnt show the disposition. It was a felony charge. I finally got the record this morning and it says "dismissed". Is this a good thing for me? I'm inpatient to wait for my lawyer as she is out today lol The other 2 things on my record are misdemeanors and she said those fell under the petty offense.
    Get a letter of declination for the case from DA office and send a copy, you should be fine. Married to USC i assume.
    Sacramento, CA
    11/22/19 Package sent I 485, [Chicago LockBox). I 130 already filed August 1st( August 8th Priority date)
    11/29/19 Card ran by USCIS for $1225
    12/13/19 Notice for Biomterics appt.
    12/23/19 Biometrics
    1/31/2020 Yellow RFIE in mail(missing Birth certificate)
    2/5/2020 RFIE received at USCIS
    2/14/20 Received I 693 courtesy letter
    2/14/20 ready to be scheduled intervw
    08/31/20 EAD /SSC
    09/03/21 Notice for biometrics appointment I 130 USC
    10/04/21 Case actively being reviewed

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    • #3
      Yes married to a USC for almost 11 years. And these crimes were when I was young an dumb...the earliest one was 12 years ago.

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      • #4
        If you look up the meaning of ‘dismissed’ for a criminal case, it means the prosecuting attorney decided not to proceed with the case. And usually the reason is that there’s not enough evidence. Your permanent records will list the charge and dismissal.

        I think the real concern is the moral turpitude concept. A crime of moral turpitude conviction can be used to deny an adjustment of status.

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        • #5

          Hello, I have a question related to form I-130. Part 4 has a question If filing for your spouse , provide the last address at which you physically lived together. It has both FROM and TO date. What do I write in TO date as I am still living with my spouse.

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