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485 adjustent????????????????????

My wife has a dropped charge against her, will this affect when we file for adjustment I485??

By jickster2255 on Mar 10, 2008, 13:26 in Visa & paperwork. AddThis Social Bookmark Button


Gator says on Mar 10, 2008, 14:23:

Even criminal charges that were dismissed and/or expunged from your wife's record need to be
disclosed. Lying or what the government may call "willful misrepresentation" about anything on any visa, green card or citizenship application can result in denial of her petition.

The lies taken most seriously are those related to criminal records, war crimes, negative political affiliations and terrorist ties. But ANY lie (willful misrepresentation) can be used against your wife. If you're afraid that the truth will have serious consequences, consult an attorney before your wife applies. apply.

But don’t forget to take with you/her to any interview or if you are traveling out of the USA and returning a CERTIFIED COPY from courts on all the arrests or court cases even though you might have already submitted them along with her application.

Good luck

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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muchacho_escondido says on Mar 10, 2008, 18:40:

Was the charge in the US or was it abroad? I've no idea about abroad but if it was in the US, I would certainly get a good immigration lawyer before applying for status adjustment. I'd never even try to deal with that without an attorney.

The immigration law with regard to past brushes with the law (no matter how minor) is complicated and unjust. So don't even try to do it yourself, without a certified immigration lawyar-- you'll be playing with fire if you do. There are plenty of horror stories out there: such as a teenager is caught with a bit of drugs, does community service and is "forgiven", applies for citizenship or green card twenty years later and gets deported for life.

Sorry to scare you but that's how it is-- life for a non-citizen who's had any contact with the US law enforcement is precarious.

Good luck!

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Gator says on Mar 10, 2008, 19:20:

I'll second ME suggeston above.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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Robert Jorge says on Mar 10, 2008, 21:03:

If you don't mind sharing: What was the dropped charge? The biggies that the USCIS looks for are prostitution and drugs. I am not implying those are the dropped charges - just curious.

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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Robert Jorge says on Mar 10, 2008, 21:04:

And since prostitution is quasi-legal in Colombia - my guess is it can't be that.

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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rjstuff says on Mar 23, 2008, 11:33:

I actually disagree - because if the charges were dropped then she really wasn't charged with anything and the Adjustment of Status forms ask about her being charged with a crime etc.. In my mind this would not constitute being charged. This is my interpretation - as the forms also exclude traffic offenses - so in my reasoning a dropped charge is not significant because its very minor - just like a traffic citation. I would suggest that you ask an immigration attorney to be sure. Good Luck

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