Criminal Law Mis Representation On I 485 , How To Correct It

[2511]

i am in a fix as i never realized before what CIMT means and what can be the cosequences

I am on NIW ( NATIONAL INTREST WAVIER) AND MY 5 YRS WILL BE completed injuly . i have my 140 approved in nov 2003 and had I 485 pending with CIS since JAN /04 .

IN 1998 when i was on J-1 was caught shop lifting worth of $20 stuff for which i was called to the court i pleded not guilty and latter contacted lawyer who asked me to do audio course rehabilitative course for shoplifting which i completed. on the f/u date in the court he presented that to the court and the case was dismissed . the lawyer told me that i dont have to worry about it any more and it will not be on my records.
as far as i remember the charge was for misdemanour class.B .

Except that I HAD NO OTHER RECORDS or no prvious or current history of any arrest or charge.

Also i have had sucessfully got My h-1b once stamped from US counsalate in mexico and then latter revalidated in US. I have also approved EAD and AP and had no problem in getting it approved even recently.

TO THE Question of criminal convictions i have always said no on my visa application and hadnt had any problems.Frankly i never knew before what CMT are.

Also on my I 485 i ans NO to the Questions regarding criminal history/arest and CMT.

I had my fingerprinting done in oct 2005 for my I 485.

In july my case will be up for review of AOS to GC as i would have completed my NIW comittment.

I know i do qualify for PETTY THEFT EXCEPTION but can i tell the INS now about my honest mistake of not knowing that even it was dismissed i still need to let them know on my application of it .

is there a way of doing it know before INS finds out and if i do it what are ramifications , will i still be chrged with misrepresenting the facts, or giving the correct information now will be equal to telling the truth .

Also since i had no problems with travelling abroad and getting my visas and EADs and APs
in the past doest it mean that my backgroud check and fingerprinting checks have been coming clear with INS and probably there is no record of it and thus will come clear now too.

Please let me know.


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[Husty]

Your question brings up the issue of materiality. Misrepresentation only relates to material facts. You made a misrepresentation but the consequences of it depend on a finding of materiality. You should consult with an attorney to get a valid answer to your question, this is NOT legal advice, please consult with your lawyer.

 

[2511]

can you please elaborate that what do you mean by

" Misrepresentation only relates to material facts. You made a misrepresentation but the consequences of it depend on a finding of materiality. "

my case shows case dismissed

and the court clerk told me that case was dismissed by the prosecutar and there is no conviction.I had pleded no guilty

so in this regard since there is no record of conviction thus no material fact which was misrepresented or am i understanding it wrong.

pl also tell can i clarify this to INS now before final adjucation on my application

 

[Husty]

Being admissible is not enough, AOS is a discretionary form of relief. Perhaps you tried to influence the adjudicator not to look at your criminal issues.
The matter is too complicated for you to depend on a public board for information, you need to contact an attorney as quickly as possible and hold a face to face consultation.