Criminal History (Petitioner)

[LnS 1]

Hey guys. I understand the instructions regarding 3 convictions relating to alcohol/controlled substances. I had 2 of such convictions, both misdemeanors, in my youth. I know I am not required by the instructions to disclose any information. Do any of you think or know if it will hurt me if I don't get any records and just honestly check "NO" as the IMBRA instructions say to do?

I am of the understanding that the forms should be filled out EXACTLY as per the instructions. The instructions ask you to check 'Yes' only if you have 3 or more such convictions. You have only 2 therefore I would certainly check 'No'. In fact, checking yes to 3 when you have only 2 might even get you an RFE since you didn't follow the instructions to the letter.

[TnJ 131]

I am of the understanding that the forms should be filled out EXACTLY as per the instructions. The instructions ask you to check 'Yes' only if you have 3 or more such convictions. You have only 2 therefore I would certainly check 'No'. In fact, checking yes to 3 when you have only 2 might even get you an RFE since you didn't follow the instructions to the letter.

Thanks. Yeah, I was going to follow it literally, but I was just wondering if front loading with a back ground check is worth my time? I know they will pull up my records eventually so I don't want them to be suspicious of anything. On the other hand, I don't want to go through any unnecessary hassle for nothing by obtaining those records.

[Tim/Mav 305]

I can't even thank you enough for helping me out. It's an unusual situation and nobody until now that I spoke with has had any experience with it.

I'm curious: do you still have a copy of this document that the clerk provided you with? It would be awesome if you could maybe email me that so I can see what it looks like. My main concern is that everyone (the police and courts) have refused to give me a letter saying that the records were "destroyed" but I got a certified document from the police saying "No Records Exist" Did your letter indicate they had been destroyed or just that they don't exist?

Again, LnS. You are not doing it exactly the way I did. What I did is all listed above.

Sorry, I never made a copy but hand delivered to my Attorney. (I should have kept a Copy )

Read everything I wrote 5 times. ( save a shortcut to this page ) In case of a RFE. It maynot happen that an RFE arises.

The Clerk wrote one page as I listed above. "CONTACT US IF YOU HAVE ANY QUESTIONS" You can supply the phone number and fax number of the Courthouse in case along with your other documents but I don't know where that will go.

[LnS 1]

Thanks. Yeah, I was going to follow it literally, but I was just wondering if front loading with a back ground check is worth my time? I know they will pull up my records eventually so I don't want them to be suspicious of anything. On the other hand, I don't want to go through any unnecessary hassle for nothing by obtaining those records.

I have read about recommendations from people here on VJ about disclosing those charges on a separate sheet of paper and maybe even throwing in the records, but still check 'No'. Personally, I wouldn't even throw the records in to front load simply because it's a hassle and it's not asked of me. I would, however, prepare my fiancee for questions pertaining to those convictions at the interview.

[TnJ 131]

I have read about recommendations from people here on VJ about disclosing those charges on a separate sheet of paper and maybe even throwing in the records, but still check 'No'. Personally, I wouldn't even throw the records in to front load simply because it's a hassle and it's not asked of me. I would, however, prepare my fiancee for questions pertaining to those convictions at the interview.

Thanks. She knows all about it as far as I can remember the details.

[LnS 1]

Again, LnS. You are not doing it exactly the way I did. What I did is all listed above.

Sorry, I never made a copy but hand delivered to my Attorney. (I should have kept a Copy )

Read everything I wrote 5 times. ( save a shortcut to this page ) In case of a RFE. It maynot happen that an RFE arises.

The Clerk wrote one page as I listed above. "CONTACT US IF YOU HAVE ANY QUESTIONS" You can supply the phone number and fax number of the Courthouse in case along with your other documents but I don't know where that will go.

Ok thanks. Sorry to hound you with so many questions. It's just a very stressful thing. If I understand you right, your letter says "No Records Exist" In that case, it sounds like the only difference between our letters is that yours says "CONTACT US IF YOU HAVE ANY QUESTIONS". I feel better now!

[LnS 1]

Thanks. She knows all about it as far as I can remember the details.

I read a thread recently about a girl (the beneficiary) being denied the visa because she didn't know the name of the OFFICIAL charges. She knew the story and the general reason for the convictions but couldn't name the official charges. Therefore, I would pay more attention to preparing for the interview than I would the petition if I were you. Cover every detail.

[TnJ 131]

I read a thread recently about a girl (the beneficiary) being denied the visa because she didn't know the name of the OFFICIAL charges. She knew the story and the general reason for the convictions but couldn't name the official charges. Therefore, I would pay more attention to preparing for the interview than I would the petition if I were you. Cover every detail.

I'll probably just get the records and make a copy for her just so she can give the exact charge and circumstance if asked. It is sad being made paranoid about something that does not concern my life anymore, but I will do what I have to do to make things right.

[LnS 1]

I'll probably just get the records and make a copy for her just so she can give the exact charge and circumstance if asked. It is sad being made paranoid about something that does not concern my life anymore, but I will do what I have to do to make things right.

That's a very good idea to give her copies. And yes it is sad to have such things come back and haunt us. My last marijuana conviction was 12 years ago before I was even old enough to drive. But I can't say my parents didn't warn me that my actions even then would follow me. I was just too young and stupid to listen.

[baron555 934]

Yes they are certified with the stamp and signature. Also, the police record I got that says "No Records Exist" is certified with a raised seal.

You're good to go with the info you have.

[feli114 65]

IMy lay had one misdemeanor posession of drug paraphenalia. My lawyer said as long as I didn't have 3, as the instructions state,put NO and leave it alone. You are not lying if u follow what it says. I got an rfe for a domestic violence ch from 99, so I had to go to the police station n get a letter with the raised seal. I also went to magistrate and got the court disposition. Technically the file is destroyed, but I live in a small town and the guy understood about uscics. So don't put yourself through undue stress. Good luck

[Scafidi454 22]

I have 2 Possession of Marijuana convictions as a juvenile and one Public Intoxication conviction as an adult. I am able to get court records for all convictions. But the police record for one of my Marijuana Possession convictions (a misdemeanor) has been destroyed. In Texas, if a misdemeanor is committed as a juvenile, then that record is destroyed at age 21. Texas Family Code

The instructions in the I-129F seem pretty clear:

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

The best I can get from the police department in the city which this occurred is a document stating that "No Records Exist". This is actually a standard document used for visa applications. They will provide nothing more than standard record checks and no written explanation of WHY the record doesn't exist.

When I call the USCIS, they read me some script which is from the instructions Step 2, #4 What If a Document Is Not Available? but this seems to apply to the part before it, #3 What Documents Do You Need to Show That You Are a U.S. Citizen? and not the police records. And of course they make no guarantee that this will suffice and recommend that I just "try and see" as if it's no big deal to lose 4 or more months of my life to wait and see if they issue an RFE to which I will have nothing else to provide them. Do these people really know what they're talking about or do they just have enough information about the process to answer the very standard questions? My situation is obviously a bit unusual.

Again, instructions for the copies of police and court records seem very clear in pretty much saying that no matter what happened to them, they are required. Am I correct?

Has anyone ever had or heard of such a situation? Is there anyone maybe higher up at the USCIS that I can talk to who can do more than read me a script? Or am I pretty much screwed on this?

I thought that they asked only:

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of

the instructions for the full definition of the term "domestic violence.)

• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,

holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or

an attempt to commit any of these crimes, or

• Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

That came directly from the application. According to those, you don't have to disclose any of those records.

[Robert&Karen 264]

You can always check no but then acknowledge in a separate note that you have 2 convictions. I'd answer questions exactly as they wish.

[baron555 934]

That's a very good idea to give her copies. And yes it is sad to have such things come back and haunt us. My last marijuana conviction was 12 years ago before I was even old enough to drive. But I can't say my parents didn't warn me that my actions even then would follow me. I was just too young and stupid to listen.

You can almost be assured that the beneficiary will be asked about her knowledge of these, regardless of their age.....full disclosure to her is essential to have her have a successful interview.

Ensure also she knows all about all those children you sired and all those previous wives.......USCIS has access to records regardless of what the courts told you are sealed or no record, etc. They will know everything.

[I AM NOT THAT GUY 5,715]

You can request your "rap sheet" from the Department of Justice. They will reference all police interactions, ever under 18, and the arresting agency. There may not be all the details you wish but it is a start. I know folks who try to get records for incidents under age 18 for security clearance purposes and they hit brick walls, even if it is their own record.

When I was in the military, I saw a few cases where juvenile convictions didn't finally surface for weeks, or months after enlistment. The FBI is nothing if not persistent in looking for cracks in those brick walls.