Disclosing criminal record when applying?

[h02ejmajja 59]

I am the US petitioner who will be petitioning for my husband. We got married July 2019 and I am getting ready to send off our petition. A friend advised me that I should disclose my criminal record from 20+ years ago.

 

At that time I had a charge of retail theft (misdemeanor), obstruction of justice/resisting a peace officer. I did not do any time in jail and was given probation. I have served probation, have been in no other legal trouble, and currently have a steady job requiring yearly background investigations for several years.

 

I do not see anywhere in the USCIS instructions that it is necessary to disclose a previous criminal record during the 130 petition. I want to be transparent so if it could cause a delay or look like I am hiding something, I can get the court records. The only reason I hesitate is because they are not easy to get as I am no longer in that area and we would like to send our petition off soon (but of course do not want a delay at a later time).

 

Yes, my husband will have full knowledge of all this information during this interview.

Is this important for the initial petition?

 

 

[igoyougoduke 1,679]

Not required. you are the petitioner. on the other hand you will need to disclose your husband criminal record if there is any.

[LilyJ 1,258]

Petitioner's criminal history is only needed on the I129f for fiance visas iirc. It's not asked for on the I130, and at NVC stage, only the beneficiary's police report (either a certificate stating the record is clean, or any documents needed if a criminal record does exist) is asked for

[Ryan H 3,851]

Moved from Progress Reports to Process & Procedures.

[debbiedoo 2,339]

petitioners criminal history is not required nor asked about for a cr1

[NikLR 13,232]

  On 12/22/2019 at 12:12 PM, debbiedoo said:

petitioners criminal history is not required nor asked about for a cr1

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But any AWA will be figured out and petition denied. The USCIS does the background check on the petitioner without the disclosure. 

[SalishSea 18,384]

  On 12/23/2019 at 5:54 PM, NikLR said:

But any AWA will be figured out and petition denied. The USCIS does the background check on the petitioner without the disclosure. 

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I have always wondered how that requirement was gotten around for spousal petitions.....