Criminal Record Help!!!

[tvn0521 1]

Hi everyone on Visa Journey. I need some advice about criminal record. I just filed I-130 petition for my wife about a month ago and a bit worried about my criminal record. When I was at the age of 17 I was a bit of a bad boy. I have 2 felonies with assault and battery(fighting) in High School. All Charges were considered juvenile. With the charges that I have, the law would not let me seal my record, as of today my criminal record is still there. Would this have any effect on petitioning for my wife??? Thanks all

[Richie Rich 70]

Hi everyone on Visa Journey. I need some advice about criminal record. I just filed I-130 petition for my wife about a month ago and a bit worried about my criminal record. When I was at the age of 17 I was a bit of a bad boy. I have 2 felonies with assault and battery(fighting) in High School. All Charges were considered juvenile. With the charges that I have, the law would not let me seal my record, as of today my criminal record is still there. Would this have any effect on petitioning for my wife??? Thanks all

USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed . USCIS reviews the applicant's/petitioner's criminal history. You have to apply to get your record expunged . If as you said that the law will not allow you to seal your record --then you have some trouble there . I dont wish to say it will or not affect your application . I suggest contacting a good immigration laywer .

[BinhJerome 14]

Don't sweat it. Even though it was not sealed it should not be any problem. The main thing they look for is crimes against a spouse, murder, or sexual related crimes. The battery might be an issue, but as long as it was not against a woman you should not have any problem. Just make sure your wife knows ALL the details prior to her interview. The last thing you would need is for them to ask and her say she didn't know that. I was also into trouble when I was young and there were no problems with my case going through. BTW have you thought about getting your record expunged? I actually just started this process on mine. Food for thought, they might not have sealed it stating you were tried as an adult, but if it has been 5 to 10 years you can usually get it expunged. Jerome

[JimVaPhuong 4,863]

Hi everyone on Visa Journey. I need some advice about criminal record. I just filed I-130 petition for my wife about a month ago and a bit worried about my criminal record. When I was at the age of 17 I was a bit of a bad boy. I have 2 felonies with assault and battery(fighting) in High School. All Charges were considered juvenile. With the charges that I have, the law would not let me seal my record, as of today my criminal record is still there. Would this have any effect on petitioning for my wife??? Thanks all

Those crimes are not relevant for an I-130 petitioner. Don't worry about it.

[tvn0521 1]

Don't sweat it. Even though it was not sealed it should not be any problem. The main thing they look for is crimes against a spouse, murder, or sexual related crimes. The battery might be an issue, but as long as it was not against a woman you should not have any problem. Just make sure your wife knows ALL the details prior to her interview. The last thing you would need is for them to ask and her say she didn't know that. I was also into trouble when I was young and there were no problems with my case going through. BTW have you thought about getting your record expunged? I actually just started this process on mine. Food for thought, they might not have sealed it stating you were tried as an adult, but if it has been 5 to 10 years you can usually get it expunged. Jerome

I can't get it expunged and yes it's been about 12 years now that I committed those crimes. I did try to get a lawyer to get it expunged but no luck. The offense that I committed was listed in section 707(b). The law stated that if I committed the crimes listed under 707(b) after the age of 14 then I cannot get my record expunged or sealed. Sucks for me. Thanks for your advice.

[dtc 1]

I can't get it expunged and yes it's been about 12 years now that I committed those crimes. I did try to get a lawyer to get it expunged but no luck. The offense that I committed was listed in section 707(b). The law stated that if I committed the crimes listed under 707(b) after the age of 14 then I cannot get my record expunged or sealed. Sucks for me. Thanks for your advice.

wut done is done, not like you nor anyones can made your past offenses go away.it easy to get a criminal record if one live in the innercity ghettos.

when i was young i live in a really bad area and the high school that i went to is "hell",i was in fights all the time ,it got so bad that my family have to move to a different state and that what save me from troubles.if anyone ask you can alway show that you are a productive citizen now and those offenses

are some thing that you did years ago, and you are a different person now.that probably help.

[BinhJerome 14]

I can't get it expunged and yes it's been about 12 years now that I committed those crimes. I did try to get a lawyer to get it expunged but no luck. The offense that I committed was listed in section 707(b). The law stated that if I committed the crimes listed under 707(b) after the age of 14 then I cannot get my record expunged or sealed. Sucks for me. Thanks for your advice.

Sealed and expunged are two totally different things. Sealed is when you turn 18, expungement is for any age, if it is a serious crime such as murder or rape they will not expunge it, if it was a serious crime the DA might not want it. Talk to a different lawyer, because they are seperate things. Every state has expungement, they just go about it differently, what needs to be done is a qualified lawyer must petition the court, and notify the DA, if the Da objects to the expungement then a court hearing is held, and this is where you would need to show that you are a good citizen now and trying to better yourself, if the Judge agrees, then it is expunged. If the Da does not object then the paperwork just goes through the court system. Having your juvy reccord sealed is differently than having it expunged. I am not sure on your 707(b) but if it is how you worded it then this was a very serious crime, now if they say it cannot be sealed then it should be able to be expunged later on down the road (now) Any crime that the state will not allow to be expunged is a very serious crime, and thus might come up on a search made by the consulate, so as I said earlier make sure she is aware of your crime and have things that show you are not that person anymore, stress since then you have not been in trouble. Dont offer this to them, but make sure you have it if they ask. Good luck, and seriously consider getting clarification on expungement and having a juvy record sealed, they should be seperate and different. Even with an expungement if you commit a similar crime they can look at your record, an expungement just means when you look for a job it will not show up, or on a regular background check, and for anyone to look into what was expunged they would have to have a court order or be a member of the court investigating a new crime. Jerome

[JimVaPhuong 4,863]

Sealed and expunged are two totally different things. Sealed is when you turn 18, expungement is for any age, if it is a serious crime such as murder or rape they will not expunge it, if it was a serious crime the DA might not want it. Talk to a different lawyer, because they are seperate things. Every state has expungement, they just go about it differently, what needs to be done is a qualified lawyer must petition the court, and notify the DA, if the Da objects to the expungement then a court hearing is held, and this is where you would need to show that you are a good citizen now and trying to better yourself, if the Judge agrees, then it is expunged. If the Da does not object then the paperwork just goes through the court system. Having your juvy reccord sealed is differently than having it expunged. I am not sure on your 707(b) but if it is how you worded it then this was a very serious crime, now if they say it cannot be sealed then it should be able to be expunged later on down the road (now) Any crime that the state will not allow to be expunged is a very serious crime, and thus might come up on a search made by the consulate, so as I said earlier make sure she is aware of your crime and have things that show you are not that person anymore, stress since then you have not been in trouble. Dont offer this to them, but make sure you have it if they ask. Good luck, and seriously consider getting clarification on expungement and having a juvy record sealed, they should be seperate and different. Even with an expungement if you commit a similar crime they can look at your record, an expungement just means when you look for a job it will not show up, or on a regular background check, and for anyone to look into what was expunged they would have to have a court order or be a member of the court investigating a new crime. Jerome

He doesn't need to get any documentation. It doesn't affect his eligibility to petition for an immediate relative using an I-130. It's not relevant, and the consulate can't demand documentation about it nor deny the visa because of it. It would be different if he'd filed a fiancee visa petition because the crimes would need to be disclosed to satisfy the IMBRA requirements. It would also be different if the crimes were covered by the Adam Walsh Act because he wouldn't be eligible to file ANY family immigration visa petition. He filed an I-130, and these aren't AWA crimes, so they're not relevant.

Making sure his wife knows about it IS important because they CAN deny the visa claiming his wife isn't aware of basic facts about her husband. They just can't deny the petition or the visa on the basis that the petitioner is of questionable moral character, even if the conviction happened last week.

[tvn0521 1]

Sealed and expunged are two totally different things. Sealed is when you turn 18, expungement is for any age, if it is a serious crime such as murder or rape they will not expunge it, if it was a serious crime the DA might not want it. Talk to a different lawyer, because they are seperate things. Every state has expungement, they just go about it differently, what needs to be done is a qualified lawyer must petition the court, and notify the DA, if the Da objects to the expungement then a court hearing is held, and this is where you would need to show that you are a good citizen now and trying to better yourself, if the Judge agrees, then it is expunged. If the Da does not object then the paperwork just goes through the court system. Having your juvy reccord sealed is differently than having it expunged. I am not sure on your 707(b) but if it is how you worded it then this was a very serious crime, now if they say it cannot be sealed then it should be able to be expunged later on down the road (now) Any crime that the state will not allow to be expunged is a very serious crime, and thus might come up on a search made by the consulate, so as I said earlier make sure she is aware of your crime and have things that show you are not that person anymore, stress since then you have not been in trouble. Dont offer this to them, but make sure you have it if they ask. Good luck, and seriously consider getting clarification on expungement and having a juvy record sealed, they should be seperate and different. Even with an expungement if you commit a similar crime they can look at your record, an expungement just means when you look for a job it will not show up, or on a regular background check, and for anyone to look into what was expunged they would have to have a court order or be a member of the court investigating a new crime. Jerome

What I committed that fall under section 707(b) offense is assault with a deadly weapon which is 245(a)(1) pc. I never tried to get it expunged but I did try to get it sealed. Nothing will come up with a regular background check or a job because my case is juvenile. My probation officer back then told me that nothing will come up if an employer check my background unless I am applying for a government job. I know that I don't fall under the Adam Walsh Act but I'm just worried that it will cause a delay in my petition. Thanks for all the help.

[Sayha or bust. 71]

My now wife recently had interview, I had a serious assault in my 20's, we disclosed it in the I129f, told my then fiancée. It was never brought up in interview. HCM Consulate by the sounds of it make there own rules and follow general rules when they want too.

[JimVaPhuong 4,863]

My now wife recently had interview, I had a serious assault in my 20's, we disclosed it in the I129f, told my then fiancée. It was never brought up in interview. HCM Consulate by the sounds of it make there own rules and follow general rules when they want too.

Different situation. Your conviction had to be disclosed in order to satisfy the IMBRA requirements. The OP filed an I-130, so the IMBRA doesn't apply. He doesn't even need to disclose it.

The consulate will perform a background check on the petitioner. They'll probably find out about the OP's convictions, but they can't deny the visa solely on that basis. The convictions don't change the petitioner's eligibility to file the petition. However, anything they find out about in the background check is fair game for grilling the beneficiary. If she doesn't know everything they know then they can deny using the "basic facts about petitioner" excuse. This is why it's prudent for most people to run their own background checks to find out what the consulate is going to find out, and make sure the beneficiary knows about it.

[sweetapple 1]

What if the petitioner was convicted Domestic Violence, misdemeanor level (6 years ago) with his ex-wife who was sponsored to the US on fiance visa? And now he files another CR1 petition, does he need to submit any relevant documents? To be noticed that you dont need to disclose that information on I-130 form. But is it a must and wise to submit criminal record along with I-130 packet?

Another question, is the residency status starts to be counted when you arrive at the POE or when your visa is issued? Example, you get CR1 visa before your 2nd marriage anniversary, but you arrive at the POE after your 2nd year of marriage. So you're gonna get 10 years or 2 years green card when you arrive?

Edited May 2, 2011 by sweetapple

[JimVaPhuong 4,863]

What if the petitioner was convicted Domestic Violence, misdemeanor level (6 years ago) with his ex-wife who was sponsored to the US on fiance visa? And now he files another CR1 petition, does he need to submit any relevant documents? To be noticed that you dont need to disclose that information on I-130 form. But is it a must and wise to submit criminal record along with I-130 packet?

Another question, is the residency status starts to be counted when you arrive at the POE or when your visa is issued? Example, you get CR1 visa before your 2nd marriage anniversary, but you arrive at the POE after your 2nd year of marriage. So you're gonna get 10 years or 2 years green card when you arrive?

No, you don't need to submit any documents. A DV conviction is not relevant to an I-130 petition. However, you can be certain that the consulate is going to find out about it and use it to their advantage. They're going to ask your wife why she's marrying a wife beater.

Residency begins when the immigrant enters the US. If the marriage is more than two years old at the time then they usually issue a 10 year green card.

[sweetapple 1]

No, you don't need to submit any documents. A DV conviction is not relevant to an I-130 petition. However, you can be certain that the consulate is going to find out about it and use it to their advantage. They're going to ask your wife why she's marrying a wife beater.

Residency begins when the immigrant enters the US. If the marriage is more than two years old at the time then they usually issue a 10 year green card.

Thanks so much for your reply Jim. So it means that as long as the beneficiary is fully aware of the criminal record, then they cant use that reason to deny our case right?

[Dau Que 6]

Thanks so much for your reply Jim. So it means that as long as the beneficiary is fully aware of the criminal record, then they cant use that reason to deny our case right?

Don't worry about the C/O. Instead, focus on your current S/O (much much later in the future). For now she will act like your past criminal record (domestic violence (DV) related) is no biggie because she wants to step her feet on America first.

If I were you, once she's here and if sometimes in the future you two get into a heated argument, I'd suggest you leave the house/apartment/whatever you two will be living in immediately. Once the cops arrive and they're aware of your past arrest, you'll be in jail just like that. With your past record with the law in regards to DV, once she's got her 10 perm GC, she can make the call to quit the marriage with you anytime she wants or feels in her advantage.

Edited May 2, 2011 by Dau Que