How screwed are we?

[Rocio0010 5,633]

47 minutes ago, ketbc said:

In TN but I was in GA when I was a kid and got in trouble

I meant FOIA (Freedom of Information Act) it shows records under your name and it MIGHT help you. I know it takes time.

[iwannaplay54 985]

3 hours ago, ketbc said:

To clarify, I'm speaking on the US citizen's record (the sponsor).  All the department of juvenile justice (DJJ) has is a name, month & year of arrest, and "controlled substance". All records with courts, DJJ, youth detention center, and everywhere else I have called have been destroyed.  I can't remember what the actual charge is as it was 20 years ago and neither do my parents.  I can't give the details they will want nor the documents since they no longer exist except for in whatever database they use to do the background checks.  I am so scared I will never get to be with him because of the dumbest decision I ever made when I was 16.

Not an issue for processing the application but you need a written statement indicating that the records have been destroyed

[Demise 1,337]

17 hours ago, ketbc said:

If a petitioner has a juvenile record for intent to distribute, (first time offense for anything) that is 20 years old, would that destroy chances for sponsoring a K-1 visa Canadian?  Only other violations were things like failure to yield right of way, speeding, and improper backing from being a driver that should always wear glasses. (each of those fines were paid on time including drivers education classes).  The state has no record of the arrest, nor does the city or county but I know the FBI is different.  If I order an FBI report would I see everything immigration sees? I am afraid to exclude the information and get denied but also I am afraid to include it because no paperwork exists.  I even tried looking up my old probation officer and can't find her!  

Not a factor. As long as the petitioner hasn't been convicted for a sexual offense against a minor under the Adam Walsh Act, the petitioner's criminal record is completely irrelevant. He could be sitting on death row in ADX Florence for all USCIS cares.

 

If the situation was reversed you'd need to disclose all of this, where the drug offense would likely require a waiver and traffic violations would be overlooked.

[SalishSea 18,126]

4 hours ago, Demise said:

Not a factor. As long as the petitioner hasn't been convicted for a sexual offense against a minor under the Adam Walsh Act, the petitioner's criminal record is completely irrelevant. He could be sitting on death row in ADX Florence for all USCIS cares.

 

If the situation was reversed you'd need to disclose all of this, where the drug offense would likely require a waiver and traffic violations would be overlooked.

The issue here is more about disclosure, not the nature of the crime itself.   A longtime VJ couple,  @John & Rosehad a K-1 denial because he forgot about a very old criminal record.

[Limey 551]

On 12/14/2021 at 11:58 PM, Jorgedig said:

The issue here is more about disclosure, not the nature of the crime itself.   A longtime VJ couple,  @John & Rosehad a K-1 denial because he forgot about a very old criminal record.

I agree.

 

I would definitely give details of the offense in the interests of being as open as possible, even if its a misdemeanor. Then obtain a rap sheet from Georgia. If the offense doesn't show on there then I'd still provide it to show that you've attempted to obtain records but that none exist as far as you can tell. At least if the Feds do a search and it comes up, they can't refuse you on the basis you didn't list the offense.

 

As we've already discussed it was a long time ago, and its not really relevant as you are the petitioner (it doesn't fall into the scope of crimes that prevent a petitioner from petitioning) so as long as its declared it shouldn't cause an issue for you.

[John & Rose 7,239]

Full disclosure is critical.  Yes and drug arrest, especially intent to distribute, can impact the K-1.  That is why disclosure is critical.  Go the the courthouse and ask for the records.  If they cant provide them then get a letter from the courthouse saying that the record no longer exists.  The FBI abstract is just that.  It will mention the crime and code that was broken but it doesnt have the detailed records like the court would have.  Intent to distribute will not go away on its own and it is not eligible for expungements or sealing.  

 

Go to the courthouse and get the letter from them on their letterhead.  Take it serious.  My case was a minor misdemeanor where the charges were dropped.  I never went to court.  I even had it expunged...30 YEARS AGO.  I got bad advice and did not mention it in the petition.  That his my fault.  No matter who I pay to help with the petition, it is my signature on it.  We were denied during AP.  They took my now wife's and two step kids passports and congratulated them.  A few days later all was returned with the 221(g) stating "refused due to petitioner's failure to disclose".  That was that.  Don't expect them not to care.  There was another member here with a felony arson conviction who failed to disclosed and they were approved.  Play it on the safe side and get information directly from the courthouse even if that information is that there is no information available.