Application Faux Pas

[sh3l33t 0]

I have today sent offmy AOS package.

However i have just read some threads on this website pertaining ot Criminal Record and have discovered that the USA does not consider spent convictions.

On my I-485 i answered no to the criminal record questions.

I have however in 2000 i had a Theft Conviction (it was only a fine)

The Theft charge though sounds horrible came about from spending vouchers sent to me in my name from a compnay to replace a product alreadygiven to me in the store.

The store let me spend the vouchers then took me to court for Theft....go figure !

Anyways the background is irrelevant i suppose,the fact is i have a Theft conviction from 2000 that resulted in a fine only,i put No on the forms becasue i never put it down in the UK even becasue it is a spent conviction.

I have since today discovered the USA do not respect the Spent/UNspent convictions etc.

Will the USCIS background check show up a Theft charge from 8 years ago that did not result in any imprisonment etc and only resulted in a fine ?

I have read about the IBIS,FBI checks etc etc so does anyone out there have any direct knowledge or experience of this,as now i am really worriedafter i spent 3 days preparing my forms.

Thankyou

[Heliosphan 1]

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

[Carlawarla 1]

I have today sent offmy AOS package.

However i have just read some threads on this website pertaining ot Criminal Record and have discovered that the USA does not consider spent convictions.

On my I-485 i answered no to the criminal record questions.

I have however in 2000 i had a Theft Conviction (it was only a fine)

The Theft charge though sounds horrible came about from spending vouchers sent to me in my name from a compnay to replace a product alreadygiven to me in the store.

The store let me spend the vouchers then took me to court for Theft....go figure !

Anyways the background is irrelevant i suppose,the fact is i have a Theft conviction from 2000 that resulted in a fine only,i put No on the forms becasue i never put it down in the UK even becasue it is a spent conviction.

I have since today discovered the USA do not respect the Spent/UNspent convictions etc.

Will the USCIS background check show up a Theft charge from 8 years ago that did not result in any imprisonment etc and only resulted in a fine ?

I have read about the IBIS,FBI checks etc etc so does anyone out there have any direct knowledge or experience of this,as now i am really worriedafter i spent 3 days preparing my forms.

Thankyou

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

I agree that they'll RFE you if they want the information supposing that they know. I'm surprised that it didn't come up before you got the visa though! I'm sure it said on the petitions and applications beforehand that even if you were pardoned, that you'd have to disclose this. The US doesn't recognize another country's disposing on the record of a conviction. If you were arrested, or convicted, you were to disclose this. So...saying that, you didn't disclose it, were issued a visa, and now you're here. Yikes! Do you keep playing along and hope they don't RFE you? Have you ever verbally said,or swore an oath that you didn't have a record?

I know that when I got my AOS interview letter, there was an enclosure that said if I had a record I had to bring in the dispositions etc.

My advise would be to get a copy of the actual police report, and the subsequent court proceedings if you're asked.

Edited August 14, 2008 by Carlawarla

[sh3l33t 0]

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

Thanks,i amjust worried about the ommissionand it then showingup ? surely they are only concerned with serious crimes and/or terrorrist links ?i meancan they even access the UK criminal records and doit on every applicant ?

anyone out there know ?

[Carlawarla 1]

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

Thanks,i amjust worried about the ommissionand it then showingup ? surely they are only concerned with serious crimes and/or terrorrist links ?i meancan they even access the UK criminal records and doit on every applicant ?

anyone out there know ?

I was posting while you were posting, so I didn't see this until after. The Embassy I don't think does a criminal record check on a person before issuing a visa. If they did, why would they ask for us to bring in a record or a clearance? Given that though...what did you bring in to your interview?

[sh3l33t 0]

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

Thanks,i amjust worried about the ommissionand it then showingup ? surely they are only concerned with serious crimes and/or terrorrist links ?i meancan they even access the UK criminal records and doit on every applicant ?

anyone out there know ?

I was posting while you were posting, so I didn't see this until after. The Embassy I don't think does a criminal record check on a person before issuing a visa. If they did, why would they ask for us to bring in a record or a clearance? Given that though...what did you bring in to your interview?

This is nothing to do with the Embassy,i am not applying for a Visa nor do i have a Visa,i am here on VWP and married a US citizen and now i am Applying for AOS,what i want to know is in retrospect it seems i should of included the convistion from8 years ago even though it was minor and i am wandering if it willshow up and if they do a UK criminialrecord sheet as a par for the course as it were or only if the person is linked in some way to terrorismetc.

thanks

[Urge To Race 2]

You might be RFE'd, in not, they will want you to bring disposition papers for past criminal charges with you to the interview.

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

Thanks,i amjust worried about the ommissionand it then showingup ? surely they are only concerned with serious crimes and/or terrorrist links ?i meancan they even access the UK criminal records and doit on every applicant ?

anyone out there know ?

I was posting while you were posting, so I didn't see this until after. The Embassy I don't think does a criminal record check on a person before issuing a visa. If they did, why would they ask for us to bring in a record or a clearance? Given that though...what did you bring in to your interview?

This is nothing to do with the Embassy,i am not applying for a Visa nor do i have a Visa,i am here on VWP and married a US citizen and now i am Applying for AOS,what i want to know is in retrospect it seems i should of included the convistion from8 years ago even though it was minor and i am wandering if it willshow up and if they do a UK criminialrecord sheet as a par for the course as it were or only if the person is linked in some way to terrorismetc.

thanks

[Carlawarla 1]

Hmm I don't know how they do background checks in the country of origin. But even if it did come up at some point they'd just RFE you for a certificate of disposition.

Thanks,i amjust worried about the ommissionand it then showingup ? surely they are only concerned with serious crimes and/or terrorrist links ?i meancan they even access the UK criminal records and doit on every applicant ?

anyone out there know ?

I was posting while you were posting, so I didn't see this until after. The Embassy I don't think does a criminal record check on a person before issuing a visa. If they did, why would they ask for us to bring in a record or a clearance? Given that though...what did you bring in to your interview?

This is nothing to do with the Embassy,i am not applying for a Visa nor do i have a Visa,i am here on VWP and married a US citizen and now i am Applying for AOS,what i want to know is in retrospect it seems i should of included the convistion from8 years ago even though it was minor and i am wandering if it willshow up and if they do a UK criminialrecord sheet as a par for the course as it were or only if the person is linked in some way to terrorismetc.

thanks

I wouldn't have spoken about the visa, and about your interview at the Embassy if I'd have known you were marrying while on the VWP. Sorry about that. You haven't filled out your timeline, nor have you got what type of petition you're on, so I did not know.

Of course they're worried about terrorism, but that's not the point. You do have a record, and you really should have copies of the dispositions for your interview. You can't determine that because it's minor they don't want to know about it. Did it say on your application that you were to include a copy of your criminal record? If not, then I suppose you don't need to. Did it ask if you've been convicted of a criminal offence? If not, then you don't have to say anything. My thinking however, is that at some point, either at the interview, or on an RFE they're going to ask you. If not, why wouldn't anyone with a record not just come over and marry on the VWP, and skip that part that might exempt them from getting a Visa back in their own country? Just my opinion.

[sh3l33t 0]

You might be RFE'd, in not, they will want you to bring disposition papers for past criminal charges with you to the interview.

I understand that, the point is i have omitted it from the form now so they dont know about it,so how can they RFE me ?

The question i am asking is will my conviction showup ? should i contact them and let them knowi filled it in incorrectly before its too late ?

Does anyone have experience ofomitting something and being found out /

Thankyou

[testingvancouver 2]

wow, I am not sure if they (USCIS) really go to foreign countries and request a full Background check BUT if they do, you may want to have all your docs available for the interview.

Did you get an RFE ?

Keep us posted and good luck I hope it all works out for you.