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Filing 1-485 Adjustment of Status with Past Arrest in Another Country

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  • 01-16-2015, 03:44 PM
    suzette1
    Filing 1-485 Adjustment of Status with Past Arrest in Another Country
    Hi there.

    I'm in the last step of filing for an employment based green card (filing the 1-485 adjustment of status). I am a citizen of another country. When I was around 18 (over 20+ years ago) I was arrested in my home country for shoplifting. I don't honestly remember much except that I went to court, spoke to the prosecutor and he said sign a paper and you won't have a criminal record.

    I then applied for my pictures and finger prints from my arrest to be destroyed which they were so I no longer have a criminal record.

    I have stayed out of trouble since and now have a successful career in HR.

    The issue is that I now have to reveal this past arrest on my adjustment of status questionnaire and to my employer and from a documentation perspective, I have a police report detailing the arrest, a letter from the police showing my pictures and fingerprints were destroyed, a letter from the courts and the highest police office in my home country stating that i have no criminal record in their system.

    For the life of me I cannot find or get any documentation showing what I signed back then so I don't know if it was a conviction or a nonconviction? Do you think I have enough documentation to submit to USCIS and if so how should I approach the explanation of what happened?

    Lastly, I am in an atwill state, can my current employer terminate me for this arrest over 20+ years ago even if I have no crimnal record?

    Thanks in advance for responding.
  • 01-16-2015, 03:49 PM
    Disagreeable
    Re: Filing 1-485 Adjustment of Status with Past Arrest in Another Country
    You should have disclosed this issue in all prior filings you may have made with USCIS. If you did not, I would obtain a lawyer prior to filing. If you have not had any other filings referencing a criminal record, it is possible the issue will come up during an interview but as long as you have the documentation you mentioned with you, it should not prejudice your application.
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