I filed for I 485 through marriage 40 days ago. I've been married for 4 years and had to complete J1 waiver. I was arrested in 2005 for petty larceny but the case was dismissed and sealed on arraignement pursuant to CPL 160.50. I was advised by my criminal attorney that the case was dismissed and sealed and I am not obligated to answer yes to any application in regard to arrest since the accusation was false and the case was dismissed and sealed.
I was uncomfortable with answering no and checked with my immigration lawyer who was out of town for 2 weeks but upon his return, he promptly filed an ammendment changing my answer to yes with explanation that I was arrested in 12/2005 but case was dismissed and sealed and I attached a copy of the certificate of disposition indicating case was dismissed and sealed. He also cited that I was under the false impression that I did not have to report the arrest since the case was false and subsequently dismissed and sealed.
My question, since I voluntarily came clear and did the right thing by admitting my error ; lying on original application based on bad legal advise from my criminal attorney, and admitting to the arrest in the ammendment while at the same time including the COD certifying the case was dismissed and sealed on arraignment, would that settle the case from USCIS perspective or I could still be accused of lying on an application ?
There were approximately 38 between the I-485 original submission date and the ammendment date but the delay was largely out of my hand since my lawyer was out of town for 2 weeks and took him 4 days to finalize and submit the ammendment.
Can I still be regarded as liar even though I was misinformed by a criminal lawyer and my subsequent voluntary ammendment to my application upon realizing my mistake ?
My immigration lawyer assured me that since I voluntarily submitted the ammendment shortly after the original submission, it would suffice but I am worried I could be accused of lying on my application and get denied.
I appreciate your sincere answers
I was uncomfortable with answering no and checked with my immigration lawyer who was out of town for 2 weeks but upon his return, he promptly filed an ammendment changing my answer to yes with explanation that I was arrested in 12/2005 but case was dismissed and sealed and I attached a copy of the certificate of disposition indicating case was dismissed and sealed. He also cited that I was under the false impression that I did not have to report the arrest since the case was false and subsequently dismissed and sealed.
My question, since I voluntarily came clear and did the right thing by admitting my error ; lying on original application based on bad legal advise from my criminal attorney, and admitting to the arrest in the ammendment while at the same time including the COD certifying the case was dismissed and sealed on arraignment, would that settle the case from USCIS perspective or I could still be accused of lying on an application ?
There were approximately 38 between the I-485 original submission date and the ammendment date but the delay was largely out of my hand since my lawyer was out of town for 2 weeks and took him 4 days to finalize and submit the ammendment.
Can I still be regarded as liar even though I was misinformed by a criminal lawyer and my subsequent voluntary ammendment to my application upon realizing my mistake ?
My immigration lawyer assured me that since I voluntarily submitted the ammendment shortly after the original submission, it would suffice but I am worried I could be accused of lying on my application and get denied.
I appreciate your sincere answers