News & Insights

1. How to Answer If Your Misdemeanor Was Dismissed

Were You Convicted?

• If your misdemeanor charge was dismissed and you were not convicted, you can truthfully answer “No” to the question about being convicted of a crime.

What About Arrests?

• Even if you were not convicted, the question on Form I-765 may include whether you were ever arrested.
• If the form explicitly asks about arrests, you should answer “Yes” and provide an explanation, even though the case was dismissed.
• Include a copy of the court documents showing the case was dismissed to clarify your answer and avoid delays.

2. Why Accuracy Matters

• USCIS conducts background checks as part of the EAD renewal process.
• Any omission or misrepresentation could result in your application being delayed or denied, and in serious cases, it could lead to accusations of fraud.
• Providing the full context, including dismissal documentation, ensures USCIS has all the necessary information to process your application fairly.

3. Key Considerations for Dismissed Charges

Definitions Under Immigration Law:

• A conviction under U.S. immigration law occurs if:
  • A court finds you guilty, or
  • You enter a guilty plea or no contest, and
  • A punishment is imposed.
• A dismissed case does not meet the definition of a conviction and generally will not impact your eligibility for an EAD.

Disclosing Arrests:

• Even if a charge is dismissed, arrests may still appear on your record.
• If the form asks specifically about arrests, failure to disclose could raise concerns during background checks.

Court Documentation:

• Submit certified court records or other official documents showing that the charge was dismissed.
• This reassures USCIS that the incident does not impact your eligibility.

4. Steps to Complete Your EAD Renewal Application

Review the Wording of the Question:

• Carefully read whether the form asks about arrests, convictions, or both.
• If the question only asks about convictions, and your case was dismissed, you can answer “No.”

Include an Explanation, If Necessary:

• If you answer “Yes” to arrests, include a brief explanation and attach documentation showing the dismissal.

Consult Your Lawyer:

• While your lawyer advised answering “No,” it’s always a good idea to double-check with them after reviewing the specific wording on Form I-765.

Submit Supporting Documents:

• Ensure your application includes any relevant documents that explain the situation clearly, such as court records of dismissal.

5. What If You’re Unsure?

• If you’re unsure how to answer, it’s better to err on the side of full disclosure and provide supporting documents.
• USCIS is more likely to view your application favorably if you proactively address potential concerns.