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Disclosure of Criminal Record non IMBRA or AWA

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Filed: AOS (apr) Country: Ukraine
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I have a Felony Theft conviction from several years ago. It is not related to any of the crimes listed on the IMBRA form, has nothing to do with the crimes from the AWA and it is not named on the I-129F section. How do I disclose this in the package when I submit it since I am sure my name will pop up on the Criminal Records Search? I want to be up front with the processors to avoid delays and conflicts because of it.

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Filed: K-1 Visa Country: China
Timeline

I have a Felony Theft conviction from several years ago. It is not related to any of the crimes listed on the IMBRA form, has nothing to do with the crimes from the AWA and it is not named on the I-129F section. How do I disclose this in the package when I submit it since I am sure my name will pop up on the Criminal Records Search? I want to be up front with the processors to avoid delays and conflicts because of it.

Hello,

I think your going to be ok, as long as none of the offenses are related to woman or any of the offenses that are specifically listed on the form. I was young and stupid once and have a Possession of Stolen Poperty (Felony Class B) on my record (20 years ago). I am in the process of annuling it now, but it did not affect my criminal records background check for my K-1. If you completed your probation or did what the court recommended or are in the process of completing it and are in good standing with the court then I have high hopes for you. I'm not a lawyer, but that's my experience in a nut shell :). Good luck.

Chris

Our Journey

8/15/2008............First Emails to each other

4/09/2009............1st Time we met in Hong Kong (10 Days)

7/04/2009............2nd Time we met in Hong Kong (10 Days)

9/30/2009............3rd Time we met and traveled on vacation to Philippines (10 Days)

10/8/2009.............Engaged on Puka Shell Beach Boracay, Philippines

11/28/2009.........Sent I-129F

11/30/2009...........I-129F received at VSC

12/3/2009............Money Order Cashed

12/31/2009...........Called USCIS and changed address

12/31/2009...........NOA1 Information received (received late b/c I moved)

1/29/2010.............4th Trip to China (10 Days) Going to HK, GZ and Macau

5/3/2010..............5th Trip to China

5/18/2010.............Our first touch!!!

5/19/2010.............NOA2 received - I-129F APPROVED notification received via email!

5/27/2010.............NVC Received approved I-129F from VSC

5/28/2010.............I-129F Left NVC

6/3/2010...............I-129F Received at American Consulate in GUZ.

6/4/2010...............Received Packet 3

6/8/2010...............Packet 3 sent to American Consulate in GUZ.

7/15/2010.............Packet 4 received

8/2/2010...............Interview at 7:15am in GZ - WE GOT PINK....PASSED!!!!!

8/10/2010.............Picked up Visa in hand at the post office in GZ.

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Filed: Citizen (pnd) Country: Thailand
Timeline

I have a Felony Theft conviction from several years ago. It is not related to any of the crimes listed on the IMBRA form, has nothing to do with the crimes from the AWA and it is not named on the I-129F section. How do I disclose this in the package when I submit it since I am sure my name will pop up on the Criminal Records Search? I want to be up front with the processors to avoid delays and conflicts because of it.

Since the nature of your crime is not one of the crimes they specifically ask for in Section C of the I-129F, I would think you SHOULD NOT make a special disclosure at this time. Yes, you are right it will be discovered when the USCIS pulls your criminal record or very likely will be discovered. If they want any additional information it might be something very specific that you will not know in advance. The best thing to do is to wait and see if you get an RFE. Request for Further Evidence which will give you exactly what they want to know.

Do not worry, you are not hiding anything since their questions of Part C deal with IMBRA/AWA type situations.

Good luck.

Naturalization N-400

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Filed: Citizen (apr) Country: Ukraine
Timeline

I have a Felony Theft conviction from several years ago. It is not related to any of the crimes listed on the IMBRA form, has nothing to do with the crimes from the AWA and it is not named on the I-129F section. How do I disclose this in the package when I submit it since I am sure my name will pop up on the Criminal Records Search? I want to be up front with the processors to avoid delays and conflicts because of it.

Address it your cover letter and attach ALL police and court documents regarding the incident. Be sure to tell your fiancee about this as they WILL mention it to her at the interview and probably NOT in a way that makes you sound like a good guy.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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I had bogus check charges and it didn't affect my case at all. We got our NOA2 in 22 days, it flew through the NVC in 2 days, and hit the Embassy in London today. I didn't mention it at all because it wasn't required according to the forms.

Some people think disclosing criminal history up front will speed things up. Others say wait. I am one who would rather not dredge up trouble if I don't have to. It's not related in any way to your case, don't list it. If they ask, be prepared with certified copies of the court documents showing the charges and the outcome, but I wouldn't worry until/unless they ask. Your criminal record isn't really at question here, your immigrant fiance's is.

Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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I have no criminal record to speak of, but I wonder if disclosing in the application is wise. I would probably just answer exactly the questions asked. Gary makes a good point about covering any criminal record with the SO, but I would only list charges and convictions that are asked about in the documents - where they are asked about. I have also read that interviewing officers at AOS will discuss criminal records sometimes, just to see how well you really know each other. Again, not our experience, but you could do a forum search for that. Also, you might write the State Dept., USCIS, or ask your Congressional Aide that deals with immigration (every office has one) about the effect of your record, and advice on that kind of disclosure..

3dflags_ukr0001-0001a.gif3dflags_usa0001-0001a.gif

Travelers - not tourists

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Filed: AOS (apr) Country: Ukraine
Timeline

I have no criminal record to speak of, but I wonder if disclosing in the application is wise. I would probably just answer exactly the questions asked. Gary makes a good point about covering any criminal record with the SO, but I would only list charges and convictions that are asked about in the documents - where they are asked about. I have also read that interviewing officers at AOS will discuss criminal records sometimes, just to see how well you really know each other. Again, not our experience, but you could do a forum search for that. Also, you might write the State Dept., USCIS, or ask your Congressional Aide that deals with immigration (every office has one) about the effect of your record, and advice on that kind of disclosure..

Thanks for the information and advice. Forgive me for asking, I am new here. What is an "SO"?

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Filed: K-1 Visa Country: Israel
Timeline

I also have a Felony conviction for credit card fraud, I know stupid #### move. :bonk: Anyways I just recently had to go through this same process and I didn't tell them about mine. They only want to know about any convictions that deal with IMBRA. I had no problems with my application at all. The application say what it means, only the convictions they list on it do they care to know about up front. Too much info up front can sometimes be a bad thing. The rest they will see when they run you through the NCIC database.

TIMELINE:

10/13/09 - Filed I-129F

10/17/09 - Received NOA1

02/23/10 - NOA2!!

02/25/10 - Received at NVC

03/11/10 - Left NVC

03/15/10 - Delivered to Jerusalem Consulate

04/08/10 - Packet 3 received.

05/28/10 - Packet 3 mailed back to Consulate.

06/28/10 - Packet 4/ Interview letter received!

07/16/10 - INTERVIEW!!!

07/16/10 - APPROVED!!!!

08/01/10 - Visa delivered by mail.

10/21/10 - Flew into the US!!! Finally here!!!

11/14/10 - Married!!!!!!!

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Filed: Citizen (apr) Country: Ecuador
Timeline
What is an "SO"?
"Significant other." :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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