would i be considered as a public threat? I have a dismissed FELONY (don't judge please). Here are some details that might help make my case. I believe. I was not arrested or booked into jail, I never disclosed my full name as I have two last names, this was not on purpose, never been fingerprinted at any law enforcement agency. Will USCIS find my dismissed case and still treat it as a conviction due to the fact that i had to do community service, pay a fee and was on probation? also i checked the BCI and they have no record on me.
Divorce / Separation Lawyer
I would advise that you gather the following evidence of your felony dismissal:
1) Make a Freedom of Information Act Request (FOIA) from the government
2) FBI Report
3) State Rap Sheet
4) Gather a complete copy of any records that may exist at court of your incident.
Then speak to a qualified immigration attorney about the facts of the case. There are concerns here that will need to be addressed including why you have two names; whether your used your two names to evade a criminal record etc. I would highly advise you consult with an attorney.
Enclosed for your reference, see also a brochure on the criminal bars to deferred action.
Best of luck,
Sanjay Paul, Esq.
This is not legal advice. No attorney client relationship exists between us.
USCIS treats even a verbal "admission" as a conviction at times. Furthermore, any lie is treated as a crime of "moral turpitude". Even if you were not convicted, the fact that you had to do community service etc means that they did not find you were innocent.
Dhenu Savla, Esq.