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Past charges explained during AOS, will it haunt me during I751?

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Filed: Timeline

Sorry folks I'll try to keep this as brief as possible. I come from a country where corruption is prevalent and males in general are given more status. My parents faced a bitter marriage where my father pressed fraudulent criminal trespassing charges against my mother knowing fully well that the system would support him. My parents kept their fight between themselves and left the children out of this. So my father did NOT press charges against me at any time, ever. His charges were dropped and the police initially closed his case on the account that he had no concrete evidence to support his stand against my mother. My father refiled charges but law enforcement did nothing about it...until he was murdered two years later by an outsider. The police then instead of trying to find out who killed my father, re-opened this case and this time charged my mother AND ME for the criminal trespassing that my father had filed two years back against my mother only. That's how sick the system is in that country. The criminal trespassing case was then kept pending for four more years during which I came to the U.S., moved on with my life, got married and adjusted status. I disclosed everything to USCIS who issued me an RFE for a final court disposition which I couldn't provide at the time I filed for AOS because my case was still pending in the home country. After 5 months of having the RFE issued, the court in my home country finally dropped all charges against me stating that since my father never pressed charges against me to begin with, my name should never have been in this case. Once I submitted this certified copy of the court order, USCIS gave me conditional residence. Needless to say, I had an immigration lawyer due to this complication, and it cost me an arm and a leg to say the least.

Now my spouse and I really want to remove the conditions on our own because we have plenty of joint evidence to support our bonafide marriage. Almost all the paperwork before and during our marriage has been joint so we don't see a point in needing an attorney...except for my above past since I will have to resubmit a certified copy. Should I hire an immigration attorney again for I-751? Will my fraudulent criminal history past come to haunt me again when I remove the conditions and apply for citizenship, even though USCIS was okay with it during my AOS? Please advise thank you.

Aside from the charges, I have never been convicted nor arrested ever in my life. No criminal history at all in the United States, not even tickets.

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It's unlikely to come up. If it does, you can hire a lawyer then. Answer all questions on the form honestly.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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No conviction = no problem.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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