Answering question on I-129F regarding domestic violence

[A and T 82]

If you were not convicted don't list it, if they run a check and it comes up you will get a request for evidence at which point you can send more information.

So no need to list, you were not convicted

[EL ZORRO 1]

WELL...I HAD A SIMILAR CASE ON DOMESTIC VIOLENCE...ITS ADVISABLE THAT YOU LIST IT AND IF YOU CAN GET ALL THE COURT DISPOSITIONS LIKE I DID, DO SO...I SENT THEM THE SENTENCE WHEN I PLEAD GUILTY, ALL THE DISPOSITIONS AND THE FINAL LETTER FROM THE JUDGE ORDERING MY EXONERATION AND FILING AND DISMISSAL OF THE CASE...AND YOUR FIANCEE SHOULD KNOW ABOUT IT SO SHE WILL NOT BE SURPRISED AT THE INTERVIEW. YOU MUST BE COMPLETELY TRUSTFUL BECAUSE THEY COULD USE IT AGAINST YOU OR TO PLAY WITH YOUR FIANCEE'S MIND.

[SuperDuper! 230]

WELL...I HAD A SIMILAR CASE ON DOMESTIC VIOLENCE...ITS ADVISABLE THAT YOU LIST IT AND IF YOU CAN GET ALL THE COURT DISPOSITIONS LIKE I DID, DO SO...I SENT THEM THE SENTENCE WHEN I PLEAD GUILTY, ALL THE DISPOSITIONS AND THE FINAL LETTER FROM THE JUDGE ORDERING MY EXONERATION AND FILING AND DISMISSAL OF THE CASE...AND YOUR FIANCEE SHOULD KNOW ABOUT IT SO SHE WILL NOT BE SURPRISED AT THE INTERVIEW. YOU MUST BE COMPLETELY TRUSTFUL BECAUSE THEY COULD USE IT AGAINST YOU OR TO PLAY WITH YOUR FIANCEE'S MIND.

Agreed. +1.

We have to be 100% Honest with the USCIS. Just because someone was not convicted doesn't mean the USCIS won't be able to see it in your background check. Anyone who advises to hide past "sins" (by omission) is reckless and fast and loose with the rules, and not someone to emulate. Good luck, OP, we are confident that you will get a positive result soon!

[Mike&Cherry 45]

Even if you weren't convicted doesn't mean that there are no filed documents on it. They could easily do a Board of Probation search and find anything listed that you have ever gone to court for, convited or not convicted; Everything. Your fiance should know everything about your past as so should USCIS. By having the actual court documents will help as long as you're saying what really happened. Good luck.

[Mike & Allen 0]

I have similar charge against me from 2001. Mine was a harassment charge, which is about the lowest misdemeanor charge, and I pretty much did the same thing. I plead guilty, mainly because it was me against the state, and my word against hers. I was convicted, was put on probation, complied with all of their rules, and my probation was ended early. I saw on the instructions for the I-129F that I need to include certified police and court records of the incident. I was never arrested before the incident, and never have been arrested since. Will the fact that I was convicted be grounds for denial of the visa? My finace is aware of the situation, and she knows all of the details.

[Shenzhen 34]

Part C #2. Have you ever been convicted by a court of law or court martialed by a military tribunal for any of the following crimes:

Domestic violence, etc.

In 2002 I was arrested for Assault... (I agreed to go to jail for pulling my now ex-wife's hair)... they were going to take her or I, so I said take me. The charge was a minor misdeamor assault charge. Nothing serious, so I was told. I went to court and plead guilty/no-lo contendere and was given deferred disposition. Paid $59 in court costs, paid bond of $191, was told not to violate any fed, state, or city laws for 6 months, and no need to re-appear if no laws violated.

12 months later I requested my civil and criminal records from my county and nothing regarding this incident shows up. On my counties website it states that if you successfully comply with the terms of deferred disposition than the case is dismissed. I successfully complied with the terms and it's nowhere in my criminal records so I assume the case is dismissed. That being said, do I need to mention anything about this? I think the answer is no, but I did plead guilty/nolo contendere so if anyone can give some knowledge on this it would be appreciated.

What is Deferred Disposition?

Deferred Disposition is a suspended sentence. On your plea of guilty or no contest, the court will defer a finding of guilt, assess Court costs, and order that you post a bond and comply with certain conditions. If you successfully comply with the terms, your case will be dismissed, and the bond money will be applied to a special expense fee. If you fail to comply with the terms, a judgment will be imposed, a conviction will be reported to DPS (Texas Department of Public Safety), and the bond money will be applied to the fine.

Do your own FBI back ground check. My friend just did one on himself for about $35.00. He was worried about 2 DUI's way back. They were not on the FBI's back ground check he is not going to list anything thats not on there. He did have a DUI about 3 years ago that one was on there. He was worried because 3 look bad. But 3 in 30 years? Anyway I would do the FBI check. You will need a finger print check. Not sure of the procedure, but it's easy and takes a few weeks.

Edited January 2, 2011 by Shenzhen

[A and T 82]

The thing is the question asks

"Have you ever been convicted by a court of law"

Not, have you ever had charges , so if you were NOT convicted, then the answer is no, if you were in fact convicted then get all papers and documents about the issue and check yes

[Ready to do it 101]

Excellent responses.

Mike & Allen our situation is slightly different but hugely different regarding the question being asked. I think you understand the difference... conviction, probation, etc vs no conviction, deferred disposition, dismissal.

I appreciate all the responses.

[Maxx121 14]

The thing is the question asks

"Have you ever been convicted by a court of law"

Not, have you ever had charges , so if you were NOT convicted, then the answer is no, if you were in fact convicted then get all papers and documents about the issue and check yes

Thank You. If you dont have a conviction they you check NO. If you get an ACD and it gets dismissed then you DONT HAVE A CONVICTION. Will it come up in their background check? probably, will it count against you? NO becuase it was not a conviction.

if you were convicted, follow the steps for that.

Please people, an ACD doest not = a CONVICTION

Adjournment in contemplation of dismissal:In criminal procedure, the defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and after the period of time for which the ACD applies; however, a local law enforcement record of the arrest is retained by default, unless explicitly expunged.

Arrests always show, but its the CONVICTIONS that count.

if you are still in doubt, seek a lawyers advice.

[Ready to do it 101]

Agreed. And I also agree that you check "No" for deferred disposition as well.

Thank You. If you dont have a conviction they you check NO. If you get an ACD and it gets dismissed then you DONT HAVE A CONVICTION. Will it come up in their background check? probably, will it count against you? NO becuase it was not a conviction.

if you were convicted, follow the steps for that.

Please people, an ACD doest not = a CONVICTION

Adjournment in contemplation of dismissal:In criminal procedure, the defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and after the period of time for which the ACD applies; however, a local law enforcement record of the arrest is retained by default, unless explicitly expunged.

Arrests always show, but its the CONVICTIONS that count.

if you are still in doubt, seek a lawyers advice.

[rlogan 2,036]

Exactly. You are required to tell the truth about the question asked. You are not required to list all potentially damaging things about yourself.

[Golden Gate 530]

No. If it is a dismissed case, they have sealed the records and it is not available for anyone to see, not even FBI. It's not worth bringing forth information that might complicate his case, when it isn't necessary. He needs to check with his court and that will answer his question.