juvenile charge

[MJhawk 0]

I am a Canadian citizen and applying for AOS soon. I have some questions re: juvenile records. When I was 16 I was charged with possession of narcotics but I went to the court house where I was charged and they said they have no records since it was when I was a juvenile. She said it could maybe be in the archieves but I would need to get a case # and even then she said they probably won't be able to find anything. My police record is clear. So on the forms that I need to fill out for AOS do I have to include this charge since I was a juvenile and I can'r find any records and have no criminal record?

[Chica Yeyé 41]

What does the form say?????????????? It asks if you have ever been arrested. You were. You have to disclose --- see little "I swear this is all true" statement at the bottom????

[Ellie-and-David 38]

It asks a question and you need to answer it truthfully.

[RebeccaAndPhil 5]

If I was in your situation I would certainly write it on there since, in this case, it's better to put more than less. During the interview if they ask about it (which they probably will) at least then you will be able to explain...but if you DON'T put it on there and it comes up because they find it, you will have much bigger problems! Always lean toward the most truthful way possible in order to prevent problems and complications with the USCIS, that's my motto!

[MJhawk 0]

Do you think my juvenile charge is an automatic denial???

[RebeccaAndPhil 5]

Do you think my juvenile charge is an automatic denial???

No I don't think so, but it most likely will be something that comes up in the interview. I'm sure there are many out there who have worse charges and have been approved.

[MJhawk 0]

Anyone else have any thoughts?? Do you think I'll get denied??

[Sprailenes 47]

You have a record. When it asks if you have EVER been charged, you have. It may be when you're a juvenile but it will still be found.

See this is why the K1 route can be easier so you can get all this ####### sorted in person before an interview.

[Chica Yeyé 41]

Anyone else have any thoughts?? Do you think I'll get denied??

**sigh** you just don't want to hear the objective truth, do you?? #######

[MJhawk 0]

If you have nothing positive to say then don't respond to my posts. Thank you

[Chica Yeyé 41]

If you have nothing positive to say then don't respond to my posts. Thank you

I and many others have responded to your posts with ACCURATE, LEGAL, SUBSTANTIATED information; which you have chose not to listen to in expectation that someone will fall for your attempts at cheating the US immigration system (that is what you are doing kid). that is not only morally wrong, but also against the Terms of Service of this message board.

What you are doing is illegal. Illegal. No matter how many threads you post, the answers will remain the same. And I will respond, since I care about people's lives, and I would hate for even ONE couple to get the wrong advise. Now, if you don't plan on doing things legally and are looking for aid to hoodwink USCIS; you might want to post elsewhere.

[MJhawk 0]

I am not doing anything illegal I came here as a tourist my boyfriend ended up proposing to me. I filed for a K1 because I didn't know any other opinions, when I was on the K1 forum everyone was telling me to do it the K1 way, but now I found out that the AOS way is the way for me since I'm already in the United States with my soon to be husband. I am not trying to cheat the system I have spoke to iver 15 immigration lawyers and they all recommend me to do the same thing. I am going to tell them about my charge as a juvenile but I was just wondering if that is an automatic denial. And your kid comment is completely inappropriate.

[juliava 80]

Anyone else have any thoughts?? Do you think I'll get denied??

If I were you I would mention the juvenile charge. I would face the problem.

You will definitely get denied if you don't tell the truth and the truth comes out.

The truth hurts sometimes, but we are all just trying to help you here by giving you the right advice.

The decision is definitely only yours.

[Chica Yeyé 41]

I am not doing anything illegal I came here as a tourist my boyfriend ended up proposing to me. I filed for a K1 because I didn't know any other opinions, when I was on the K1 forum everyone was telling me to do it the K1 way, but now I found out that the AOS way is the way for me since I'm already in the United States with my soon to be husband. I am not trying to cheat the system I have spoke to iver 15 immigration lawyers and they all recommend me to do the same thing. I am going to tell them about my charge as a juvenile but I was just wondering if that is an automatic denial. And your kid comment is completely inappropriate.

You have a pending case with USCIS, which means you know the process.

You came in and will not go back home to process your petition/visa process as the law requires.

AOS is not the way for you, and you know it. You knew it when you filed, and you know it now.

You have a criminal record (original topic of this thread) and were asking how to conceal or not disclose. That is both stupid and illegal.

VJ members with experience in the area have told you so ad nauseaum ; yet you continue trying to convince god knows who of being "right".

Oh, and I call everyone kid, so deal.

[trailmix 77]

I agree with juliava - the decision about what to do is really only yours, I don't know that you are going to get the answer you want here.

You need to make your decision and go with it. If you decide to disclose the arrest then you will get help here from people who have filed waivers and they will tell you how that worked out for them.

I do know someone who was in a similar situation to yours - not from the 'do I disclose or not' point of view - there was never a question for him of disclosing - he did and that is right.

He was charged as a juvenile (at least he believes he was - it was so long ago he couldn't remember if he was 18 yet or not) in Canada for possession of marijuana - something along that line, the exact charge has also been forgotten.

He did an adjustment of status. The charge was not on his police record, no court documents could be located, however, as mentioned, he did disclose it in the forms. When he got to his interview they told him he would have to file a waiver, they had the paperwork all ready for him, they paid the $500 plus dollars for the waiver and that was that.

Now I certainly don't think that is the norm and that all offices are that 'friendly' - but that was his experience.

If you want an opinion on whether you would have an automatic denial, I would suggest you post in the waivers forum and give every single detail you can think of about the charge.

Edited October 30, 2009 by trailmix