Do I need to disclose this 20 year old misdemeanor for K1 visa (Im petitioner)

[Hypnos 6,577]

Yes, you should disclose it.

[Merrytooth 5,748]

I am in exactly same situation. Had an argument on new years eve when i was visiting my wife. They charged me dv misdemeanor. But i able to sign plea deal for simple assault. I was never asked to do any community service or attend any classes.. all i was asked to pay $65. And they expunged my charges after six months. Now i am pursing cr1. Lets see what really happens

Expungement of criminal records does not exist in immigration world.

You should get all your police / court records , papers.. etc ready for your CR1 interview

[IowacityGuy 152]

Expungement of criminal records does not exist in immigration world.

You should get all your police / court records , papers.. etc ready for your CR1 interview

Yeah.. i turned in my court documents at nvc stating that i was not convicted as o got deffered judgment on that

[Chom-James 1]

Tell them EVERYTHING.

[Chalanero21 28]

Hi everyone

I hope I could get some advice or experiences if any, I am petitioning for my mother, we are starting our NVC process so interview is coming. She has a petty theft charge in the USA 15 years ago while illegal for 5 months, we have certified copies of record and dismissal,  Would that make her visa be denied, I see many cases denied on K1 visas but none with parents of US citizens. 

Immigration law says there are exceptions like if you only committed a petty crime where you were not incarcerated more than 6 months, but I do not know, sometimes I think that Consular officers sometimes might not know and use their "we are not obligated to give you a visa approach" to make a negative decision.  Any ideas or opinions?

[Chom-James 1]

If you follow the "rules" and disclose - they can NOT deny you for being dishonest. Think about it. Disclose ALL "events" - they know more than you think!

[Chalanero21 28]

I agree not disclosing is basically lying and that could make it be denied. 

 

I am in a similar kinda situation with my mom with a misdeaminor 15 years ago.

With the information i have so far it will be better to talk to a lawyer and if your misdeaminor dont fall in the inadmisibility clause. A lawyer can help you write an explanation based on your sitiuation making bases that that will not make you inadmisable under immigration law.

Just an idea that some people have done and worked for them

[IowacityGuy 152]

18 hours ago, Chalanero21 said:

Hi everyone

I hope I could get some advice or experiences if any, I am petitioning for my mother, we are starting our NVC process so interview is coming. She has a petty theft charge in the USA 15 years ago while illegal for 5 months, we have certified copies of record and dismissal,  Would that make her visa be denied, I see many cases denied on K1 visas but none with parents of US citizens. 

Immigration law says there are exceptions like if you only committed a petty crime where you were not incarcerated more than 6 months, but I do not know, sometimes I think that Consular officers sometimes might not know and use their "we are not obligated to give you a visa approach" to make a negative decision.  Any ideas or opinions?

Okay.. When your mother will go for interview they will fingerprint her and her conviction will pop up automatically. So don't ever do that mistake for not telling them about ur record. Petty conviction will not be a reason for deny but lying will. It's considered willfully misrepresentation. I was fingerprinted so many times during my interview that there is now way I could hide my conviction. 

[Chalanero21 28]

On 8/23/2016 at 10:34 AM, abhatia315 said:

Yeah.. i turned in my court documents at nvc stating that i was not convicted as o got deffered judgment on that

So you turned your case record and said to nvc that you were not convicted and you got a deferred judgement ?

What question did they ask you at interview about your record?

[IowacityGuy 152]

I said I wasn't convicted because technically I was not but I clicked yes where they asked if I was arrested on my DS-260 and explained my situation. it was actually at interview where I turned in my court documents. All they asked my what really happened? and have I been arrested more then once? then they took my documents. they going to put your case on 221g though but that will clear very soon. you can read my interview  on my profile. Never never lie. Also at POE, they did my fingerprints again and officer found out I was arrested. He specifically asked me if I have turned in my documents at embassy. So no point of lying because they will find out eventually. 

[IowacityGuy 152]

and yes I send court my documents to Nvc too.. 

[Chalanero21 28]

7 minutes ago, abhatia315 said:

I said I wasn't convicted because technically I was not but I clicked yes where they asked if I was arrested on my DS-260 and explained my situation. it was actually at interview where I turned in my court documents. All they asked my what really happened? and have I been arrested more then once? then they took my documents. they going to put your case on 221g though but that will clear very soon. you can read my interview  on my profile. Never never lie. Also at POE, they did my fingerprints again and officer found out I was arrested. He specifically asked me if I have turned in my documents at embassy. So no point of lying because they will find out eventually. 

So because of your record they placed your case in administrative processing 221g? and told that it will clear? and you waited 2 months?

[IowacityGuy 152]

Yes! my case was placed under administrative processing for 2 months because of my record. they told me to wait for an email from embassy which I got right after 60 days. and I turned in my passport and got my CR1 visa. this is still quicker as compared to other places specially middle east where it takes 6-8 months.. but it depends on country too it might be quicker in your country.. 

[IowacityGuy 152]

all I would recommend don't be afraid.. its just a petty offense which is at very low category and it happened 20 years ago.. you are not going to be in trouble at all.. you will surely get the visa as long everything else is n place.. 

[Chalanero21 28]

2 minutes ago, abhatia315 said:

Yes! my case was placed under administrative processing for 2 months because of my record. they told me to wait for an email from embassy which I got right after 60 days. and I turned in my passport and got my CR1 visa. this is still quicker as compared to other places specially middle east where it takes 6-8 months.. but it depends on country too it might be quicker in your country.. 

O I see thank you so much for sharing. My mother record is here in the USA like 15 years ago, she entered illegally then had that issue and left for life or death family emergency  with out finishing probation 2 years ago with a lawyer she was able to close the case.