I am about to file I-140/I-485 concurrently under EB-2 with a current visa number available. Every seems to be in order. However, I have a criminal issue that I need to disclose on my I-485 application.
The issue is that I was charged twice for exactly the same alleged financial related crimes in Venezuela, my home country. I have never been arrested or detained. The crimes have been formally dismissed by Venezuelan courts. I have court-certified documents with the dismissal, which I will attach to the I-485 filing.
My specific question is: what should I include in my I-485 statement, as there are special circumstances that illustrate the issue?
These circumstances are:
1. The charges were entirely baseless and fabricated. It did not even mention the victims, timing, etc.
2. The prosecutor that started the process is a well known corrupt Venezuelan prosecutor that was fired amid allegations of corruption. He was recently detained while trying to cash a stolen government check!
Such is life in the tropical country such as Venezuela. I trust that the US State Department understands and is aware of this.
Again, what should I include in the I-485 statement?
One school of thought is to just mention the relevant fact: that the charges were dismissed. Other is to mention all the special circumstances (baseless and fabricated accusation and corrupt prosecutor).
I have come up with the following statement for inclusion in the I-485:
I have never been arrested or detained. However, two sets of identical charges (for three alleged financial offenses) were brought against me in Venezuela, originally on December 22, 2004 and again on July 30, 2008. All charges have been dismissed.
Attached is a translated certified copy of the Venezuelan judicial order dated February 4, 2010, confirming that the 2004 charges were dismissed in May of 2006, and declaring the absolute nullity of the 2008 charges.
However, I may, and need advise whether to, include the following two additional statements:
Not only have the charges been dismissed, but they were unfounded in the first place. As is apparent on the face of the accusation itself, the charges were openly unsubstantiated and limited to mentioning the alleged offenses, without even describing the alleged victims or subject of the offenses, nor any other circumstance, such as timing, amounts, documentation, nor alleged form of participation in the offenses.
It is publicly known in Venezuela that the prosecutor who brought the original charges was later required to resign from his post for lack of diligence, and was later himself charged with attempted fraud for attempting to cash an stolen government check, for which he was caught in fraganti. He is currently released on bail and awaiting trial. I have the press releases confirming this.
Please advise.
Also, do you anticipate a problem with this application, given the dismissals?
Thanks.

