Criminal History (Petitioner)

[Robert&Karen 264]

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.

Agreed. When I joined they did an ENTNAC (Entrance National Agency Check) where they run your info looking for hits. I knew a case when they found issues on a guy after he applied for a security clearance, many years after his enlisting. The sad thing is that there are waivers available (gosh how the Army loves waivers!) for those with a past and if taken advantage of, can truly make these issues a non-issue from a military point of view.

[I AM NOT THAT GUY 5,715]

I'll just put this here instead of the other thread:

After records are expunged, they will not be available in the public record at the local or state level. Criminal records continue to exist only at the federal level and can be accessed by federal agencies like the Federal Bureau of Investigation (FBI). For example, years after you have served your time or paid your debt to society, you want to apply for a government job that requires security clearance. The governmental agency will do a background search and they will be able to find any prior arrests, convictions, court dates/cases and time served by using the National Crime Information Center (NCIC), which is maintained by the FBI.

[LnS 1]

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.

I do have 3 drug and alcohol related convictions: 2 possession of marijuana convictions (occurred as a juvenile) and a Public Intoxication (as an adult).

[Robert&Karen 264]

I do have 3 drug and alcohol related convictions: 2 possession of marijuana convictions (occurred as a juvenile) and a Public Intoxication (as an adult).

Sounds to me like you would say YES to: Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act. You can list that you were a juvenile for two of them, I don't know how they weigh that as they do not seem to ask if you were over 18 wen they occurred.

[Kindly Waiting 2]

Why is the petitioner sending criminal history? They are already a citizen. Isn't it the immigrant who needs the police certificate?

[I AM NOT THAT GUY 5,715]

Why is the petitioner sending criminal history? They are already a citizen. Isn't it the immigrant who needs the police certificate?

The petitioner has to answer "yes" to one of the questions that requires additional explanation and supporting evidence. An FBI background check is conducted on the petitioner as a matter of course, so anything he omits disclosing would be discovered anyways. Everybody gets checked, and rechecked, several times in this process.

Edited January 12, 2012 by ☼

[doublem 0]

the letter of disposition is the most important the out come of the every records you had.

The letter from the Clerk stated No Records Exist. Its not so much USCIS wants the Police Records but the disposition and outcome of the Courts. A Juvenile and records destroyed.

The Clerk would not give me anything at first. My Attorney called the Clerk and the next day I had a simple one page letter. With all the information I listed above. Again, they would'nt give me anything at first.

Be persiatant: Take the clerk an Apple or Rose and beg for her to write a simple letter. Yes, I gave her a Rose because it solved my RFE.

I paid $1,500.00 for an Attorney and I'm giving you this for free!

[LnS 1]

the letter of disposition is the most important the out come of the every records you had.

I think so too. I just hope the person who adjudicates my case isn't a hard-nose who wants to give me a hard time!

[Tiana 1]

I think so too. I just hope the person who adjudicates my case isn't a hard-nose who wants to give me a hard time!

We got a RFE on Tuesday. We have the same problem! We can not get a document for possession of paraphernalia! We sent USCIS only 2 documents about convictions and wrote the letter that we can not get document but we tried! We wrote all phone numbers and let them know that I already know about his convictions( submitted scan of facebook page and my email). What do you people think, we will be denied????

[TBoneTX 46,261]

What do you people think, we will be denied????

Already answered in your thread: YES.

[HoneyMar 12]

On 1/11/2012 at 4:28 PM, I AM NOT THAT GUY said:

The petitioner has to answer "yes" to one of the questions that requires additional explanation and supporting evidence. An FBI background check is conducted on the petitioner as a matter of course, so anything he omits disclosing would be discovered anyways. Everybody gets checked, and rechecked, several times in this process.

In the case that everyone gets an FBI check, and in my case where I did not supply anything but a hand written disclosure of a broken restraining order conviction of 20 years ago, and with my confusion of police and court records being required for couples who met in through an international marriage broker, I am curious if the USCIS won't just confirm my written admission against DOJ FBI records they pull up themselves?  The way the instructions for question 3 of the criminal question section for the  I 129F seem to only requine court records if a couple met through an international marriage broker.   And if they are going to run a check why make the applicant send the same info.    Anyone who can enlighten me on what I might expect please do so.  The municipal and county records are destroyed so I'd be getting a criminal,record from the lives can DOJ process as far as I know.   I am wondering why if they will see the same exact info?   It would be nice if the instructions were more clear or maybe I have done all I need by giving written disclosure including conviction date , final,disposition and docket number.   I have a few copies of the police report from every time some government agency wants a copy of my past.