Embarassing... have a question re: criminal record

[Wanda and Amel 17]

I am laying in bed watching television and suddenly I remember an incident that ocurred almost 30 years ago. Back in 1982, I was charged with a felony of fraud, no jail time, 3 years probation and restituion. When I filled out the I129F, based on how the question reads, I answered truthfully as I had never been charged with any of the listed crimes. Now, I am concerned. Will this be viewed as my lying on the application? Will my 1982 charge keep me from being approved? Help, any comments are welcomed. Thank you,

[Gary and Alla 3,694]

I am laying in bed watching television and suddenly I remember an incident that ocurred almost 30 years ago. Back in 1982, I was charged with a felony of fraud, no jail time, 3 years probation and restituion. When I filled out the I129F, based on how the question reads, I answered truthfully as I had never been charged with any of the listed crimes. Now, I am concerned. Will this be viewed as my lying on the application? Will my 1982 charge keep me from being approved? Help, any comments are welcomed. Thank you,

Are you the US citizen? No. But not disclosing it may be a problem.

[Ide & Sam 1]

Well, technically they are only asking if you committed any of the specific crimes listed. So unless you were involved in the slave trade I think you should be ok. But others may know more. I know later they want your fiance's entire criminal history. But, I'm not sure if they require you, the petitioner, to disclose previous convictions as well.

Hmmm...good question.

[Wanda and Amel 17]

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?

[Tim/Mav 305]

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?

This is what I would (And did and done before I even filed the 129-F) Call me weird. Tried to remember every run-in with the law I had. I personally paid for fingerprints of me a Full background check on Convictions. (Only one in Oregon and a misdemeanor in 1987) I also remembered in South Corolina in 1986 I got mouthy with a Cop and was cited for disorderly conduct and went to jail for 1 hour and was bailed out, the fine was $65.00. The point is I aquired all these records on myself. When I went to my Attourney BEFORE I Hired Her, I had this information with me when I first met her to review the posibility of a Approval of the 129-F.

You must remember the State, County (Municipal or District Court) and request records for the outcome and final senerio for that event. Google it.. These are usaully free if you remember approximately where and when. (they also can Fax these) Then you are more pre-pared for a Info-Pass Appointment if needed. I will tell you that when I reviewed my Attourneys 129-F Application she left out the Disorderly Conduct. I said why? She said it DOES NOT Pertain to the Application whatsoever. What do I know. I said OK. I would get this information FIRST. Then go from there.. It's a start. Good Luck!

[Wanda and Amel 17]

Posed this question to a lawyer and her response was: You are ok. as long as it had nothing to do with the filing of immigration petitions or sexual crimes involving children, you can petition your fiance. I hope this helps clarify. Thank the Lord. Hallelujah. Boy, our past surely catches up with you.

[Tim/Mav 305]

Posed this question to a lawyer and her response was: You are ok. as long as it had nothing to do with the filing of immigration petitions or sexual crimes involving children, you can petition your fiance. I hope this helps clarify. Thank the Lord. Hallelujah. Boy, our past surely catches up with you.

Yes, when I younger I had more misdeamenors that President Carter had Peanuts.. I had all my records from Minicipal, Circuit Courts. She said: Just as you said: They don't apply and it has been a long time ago. They (USCIS) look for Sex-Crimes and Spousal Abuse Convictions. I would still play it safe and get a copy from the Courts in case. Since a Felony even though it maynot be needed. After you get Approved and are Married, then pay a few hundred dollars to get this exspunged from your record if you qualify. (USCIS Does Reconize Exspungements as you know) A Felony does hurt when Employment Applications come into play. Your Attourney has it covered.

Yes, when I younger I had more misdeamenors that President Carter had Peanuts.. I had all my records from Minicipal, Circuit Courts. She said: Just as you said: They don't apply and it has been a long time ago. They (USCIS) look for Sex-Crimes and Spousal Abuse Convictions. I would still play it safe and get a copy from the Courts in case. Since a Felony even though it maynot be needed. After you get Approved and are Married, then pay a few hundred dollars to get this exspunged from your record if you qualify. (USCIS Does Reconize Exspungements as you know) A Felony does hurt when Employment Applications come into play. Your Attourney has it covered.

Sorry, Does NOT Reconize Exspungments

[DAMEDAB 0]

UH OH !! I am worried now because my fiance had a criminal record (sex) last 2003 and we are august filer and still no NOA2 till now do you think it will cause of our not approving the 129F?

Edited April 26, 2011 by LoveBlossoms

[Tim/Mav 305]

UH OH !! I am worried now because my fiance had a criminal record (sex) last 2003 and we are august filer and still no NOA2 till now do you think it will cause of our not approving the 129F?

If he falls under any of this in the Link. Probably not unless a waiver is attained which is rare so I understand.

http://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act

[Ryan H 3,812]

I am the U.S. Citizens. I didn't avoid this question on purpose. I answered the question as posed truthfully and quite frankly the legal problem was so long ago that I didn't even remember it. I did call USCIS and was told that it is up to the adjudicator on my case. If I wanted to clear this up, I can make an infopass appoint. What do you guys think?

Was your record expunged or sealed? If so, then by law your are allowed to treat it as if it never happened and you would not be considered untruthful for not disclosing.

[Tim/Mav 305]

If he falls under any of this in the Link. Probably not unless a waiver is attained which is rare so I understand.

http://en.wikipedia...._and_Safety_Act

The Key WORD is WAS HE CONVICTED and on his Record. If that be the case: Have him talk to an Attourney showing that he recieved Counseling, ETC. TEC. The list goes on and on. A waiver would be best answered by someone else that it would be Approved.

Was your record expunged or sealed? If so, then by law your are allowed to treat it as if it never happened and you would not be considered untruthful for not disclosing.

Ryan, I'm Sorry. USCIS does NOT SEAL or Reconize Exspungements what-soever.

[DAMEDAB 0]

The Key WORD is WAS HE CONVICTED and on his Record. If that be the case: Have him talk to an Attourney showing that he recieved Counseling, ETC. TEC. The list goes on and on. A waiver would be best answered by someone else that it would be Approved.

Ryan, I'm Sorry. USCIS does NOT SEAL or Reconize Exspungements what-soeve

Sorry ! yes, he was convicted about 3 months and he had a counsel... But for now we can't afford to get attorney..

[Tim/Mav 305]

OK LoveBlossoms. One other question. You never mentioned the age of the Victim.. Was she a Minor (Under 18 years old) ?

[DAMEDAB 0]

OK LoveBlossoms. One other question. You never mentioned the age of the Victim.. Was she a Minor (Under 18 years old) ?

sorry again ! yes the victim is minor about 11 yrs old...

[Tim/Mav 305]

sorry again ! yes the victim is minor about 11 yrs old...

OMG. Go on with your Life. I'm sorry Honey...