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Advice on AOS - Post Decision Pending and Withdraw Appeal

Atlanta, GA |

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.

Card/ Document Production On August 23, 2012, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283. I am officially approved for my green card. Thanks everyone for your advice

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Attorney answers 3

Best Answer

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).

Good luck

Elkhalil Law Firm, LLC
Hassan Elkhalil
(770) 612-3499

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.


You should consult a lawyer on your specific concerns.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.


Outcome unknown. We did not prepare or file the petition or adjustment of status application and know none of the facts in them.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.