Filed AOS based on marriage. Have three convictions on record (Misdemeanors - Assault, Theft & DUI). Went to Interview April 1 10 - Atlanta, filed an I-601 afterwards. Got denied a year later based on (Assault and Theft as stated on decision made on I-601 in respect to I-485). Filed I-290B appeal to re-consider I-601 decision at the same time, hired a criminal attorney to set aside/vacate the two charges and motion was granted. So now the only charge on record is DUI.
Filed a new i-485 and interview on May 17th - Atlanta GA. IO said cannot make decision now until she receives file from AAO office to withdraw appeal as requested by attorney. IO said wait 90 days for decision.
My Question - Outcome? Please give me your suggestions, recommendation, legal advice, etc..Thanks in advance.
Based on what you stated, I think you should be fine since the two convictions were set aside/vacated. The USCIS is just examining the criminal records and the basis for the setting aside/vacating. (it must be based on legal mistake).
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
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