Vehicular Homicide

[Gra and Daniel 0]

I pleaded guilty to vehicular homicide (friend died in my car after accident). After reading the criminal disclosure section countless times and not being able to justify by the letter a reason to mark "yes" to their questions, I called USCIS cust. service before application submission and I asked them if I should check any part of the criminal section on the K1 application seing that this was a serious crime. They said no and I sent in the application with no check marks or explanations letters. You see, my crime was neither manslaugher or homicide (murder), it was Vehicular homicide, which was not on the application. I want to believe what the the customer rep. told me but like so many of us on this forum, they are are at the very least, hard to trust. In either case, I am sweating a little bit because I sent my application in April 2007 and I know that at this point my application has been thru and advanced security check and has finally been sent back to CSC after being sent to whatever agency it was sent to. I guess my question is, what do you good people of this forum think my final adjudication be after leaving everything blank on my application? Opinions are appreciated. Thanks.

[Cassie 8]

If one runs your name through a criminal records check, would this charge show up?

And are you the USC or foreign fiance?

[Minya's wife 24]

Vehicular homicide is a legal term, but the crime falls under the umbrella of manslaughter, doesn't it?

-P

[YuAndDan 153]

I-129F section about criminal activity has to do with violent crimes, such as:

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

   The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture,trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction,unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

http://www.uscis.gov/files/form/I-129Finstr.pdf

The form makes no distinction it just says homicide.

Edited March 10, 2008 by YuAndDan

[mox 298]

Was alcohol or controlled substances a factor, and would that fact show up on a police report?

Edited March 10, 2008 by mox

[briff2000 0]

This for me, is an interesting comment as I am in a very similar position. I was charged in 2000 with vehicular manslaughter (my brother in my car) whilst visiting the US (I am non US applying for K3). I pleaded 'no-contest', was never arrested and had a probabtion period and fine. When I fill in the form I am expecting to tick 'yes'. However I have been through the visa legislation and vehicular manslaughter is not an inadmissable offence and is not deemed a crime of moral turpitude. Therefore I still plan on ticking 'yes' but will be arguing if need be that it is not grounds to deny a visa. However now I have read your thread (Gra and Daniel) I will be very interested to hear of your outcome or any further details.

All the best

[YuAndDan 153]

This for me, is an interesting comment as I am in a very similar position. I was charged in 2000 with vehicular manslaughter (my brother in my car) whilst visiting the US (I am non US applying for K3). I pleaded 'no-contest', was never arrested and had a probabtion period and fine. When I fill in the form I am expecting to tick 'yes'. However I have been through the visa legislation and vehicular manslaughter is not an inadmissable offence and is not deemed a crime of moral turpitude. Therefore I still plan on ticking 'yes' but will be arguing if need be that it is not grounds to deny a visa. However now I have read your thread (Gra and Daniel) I will be very interested to hear of your outcome or any further details.

All the best

I suspect the OP is the US Citizen petitioner, dealing with the IMBRA section of the I-129F petition form.

[Gra and Daniel 0]

This for me, is an interesting comment as I am in a very similar position. I was charged in 2000 with vehicular manslaughter (my brother in my car) whilst visiting the US (I am non US applying for K3). I pleaded 'no-contest', was never arrested and had a probabtion period and fine. When I fill in the form I am expecting to tick 'yes'. However I have been through the visa legislation and vehicular manslaughter is not an inadmissable offence and is not deemed a crime of moral turpitude. Therefore I still plan on ticking 'yes' but will be arguing if need be that it is not grounds to deny a visa. However now I have read your thread (Gra and Daniel) I will be very interested to hear of your outcome or any further details.

All the best

I suspect the OP is the US Citizen petitioner, dealing with the IMBRA section of the I-129F petition form.

Correct, I am the US Citizen. And as per falling under the umbrella of manslaughter.... I would have to say you may have a point but at the same time, don't some types of un-premeditated murders get plead down to manslaughter thus totally seperating it from an accidental vehicular homicide resulting from a car wreck. I would have to say yes. This incident DID involved alcohol and yes, it would most definetely show up on a records check. I would have nothing to hide as it would be impossible anyway. I would have most definetely included it in my initial application but like so many things, I do not want to open up an excuse for unnessary red tape and delays. It really doesnt matter at this point, I am going on 335 days since NOA1 and I just want it to get approval at this point. Thanks for the responses... keep them coming.

[Bassi and Zainab 1]

Correct, I am the US Citizen. And as per falling under the umbrella of manslaughter.... I would have to say you may have a point but at the same time, don't some types of un-premeditated murders get plead down to manslaughter thus totally seperating it from an accidental vehicular homicide resulting from a car wreck. I would have to say yes. This incident DID involved alcohol and yes, it would most definetely show up on a records check. I would have nothing to hide as it would be impossible anyway. I would have most definetely included it in my initial application but like so many things, I do not want to open up an excuse for unnessary red tape and delays. It really doesnt matter at this point, I am going on 335 days since NOA1 and I just want it to get approval at this point. Thanks for the responses... keep them coming.

Vehicular homicide is not considered manslaughter. It's considered negligent homicide. It's lower than manslaughter.

Was alcohol or controlled substances a factor, and would that fact show up on a police report?

If it involved alcohol or a controlled substance it would count towards one of the three instances. Do you have other instances, say of DUIs?

[Gra and Daniel 0]

Correct, I am the US Citizen. And as per falling under the umbrella of manslaughter.... I would have to say you may have a point but at the same time, don't some types of un-premeditated murders get plead down to manslaughter thus totally seperating it from an accidental vehicular homicide resulting from a car wreck. I would have to say yes. This incident DID involved alcohol and yes, it would most definetely show up on a records check. I would have nothing to hide as it would be impossible anyway. I would have most definetely included it in my initial application but like so many things, I do not want to open up an excuse for unnessary red tape and delays. It really doesnt matter at this point, I am going on 335 days since NOA1 and I just want it to get approval at this point. Thanks for the responses... keep them coming.

Vehicular homicide is not considered manslaughter. It's considered negligent homicide. It's lower than manslaughter.

Was alcohol or controlled substances a factor, and would that fact show up on a police report?

If it involved alcohol or a controlled substance it would count towards one of the three instances. Do you have other instances, say of DUIs?

No, nothing, although during the same incident I also pleaded guilty to DUI with Serious Bodily injury resulting from the same accident. This has been the only time I have ever been in any legal trouble.

Edited March 10, 2008 by Gra and Daniel

[brnidokiegurl 0]

pled guilty but what sentence? deferred? you may qualify for expungement then it wouldnt show up on a record check if u could get a total exp.

[KimandRuss 0]

Good luck to you

Edited March 10, 2008 by KimandRuss

[Cassie 8]

This thread is under the similar topics box below... may help you.

It was started by the OP

[Gra and Daniel 0]

This thread is under the similar topics box below... may help you.

It was started by the OP

No way to get expunged. I plead guilty in lieu of going to trial. I received a little prison time and years and years of probation. Only way to get it off record would be a Governor pardon. May be an option in future after I show all the community work I have done at local High Schools. But right now, all I want is to get a USCIS approval.

[KimandRuss 0]

It was started by the OP

yeah..caught that. My bad! Good advice over there though!