I-129F - Part 3 Item 4.a. - 4.b. Criminal Information

[ANM22 2]

Hi all,

 

I am the petitioner filling out my I-129F and I have a question about items 4.a and 4.b regarding Criminal Information / History. In 2009 while in college I received a Civil Citation for Public Urination in Baltimore, MD. The police officer wrote me a ticket for $150 , i mailed a check and that was the end of it. No arrest, summon, or court appearance.

 

The instructions from USCIS state: Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country. 

 

My question - Is there a difference between a Criminal Citation and a Civil Citation? Do i check Yes or No here?

 

Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment, conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment.

 

• If you indicated “Yes” in Item Number 4.a., provide information that explains the circumstances, places, dates, and outcomes for each incident of citation. I can generally explain what happened and the outcome. Exact Date I am not sure of. 
• You must submit court certified copies of the arrest record and/or disposition for each incident. There was no arrest or court.
• unless you submit a certified statement from the court indicating that no record exists of your arrest, citation, charge, indictment, conviction, fine, or imprisonment. This would be my only option, but again there was no court. So which court would I request this information from and how would I get them to certify a letter stating there is no record of my arrest or citation?

 

I also searched Maryland's database which includes civil citations, and nothing came up. Maryland Judiciary Case Search Criteria (state.md.us)

 

Any help is appreciated!

 

[Mike E 11,742]

Answer yes.  
 

Go ahead in the county clerk office with jurisdiction over the location of the incident and get the certified statement 

 

Also check the state sex offenders web site.  

[ANM22 2]

2 minutes ago, Mike E said:

Answer yes.  
 

Go ahead in the county clerk office with jurisdiction over the location of the incident and get the certified statement 

 

Also check the state sex offenders web site.  

 

Part of the problem is I don't know the location of the incident and I don't live near Baltimore. We took an hour-long bus ride to Baltimore, got off the bus, relieved myself in the nearest dark alley, and received a citation.

 

Also check the state sex offenders web site. I did some research here and Maryland does not require sex offender registration for civil citations for public urination. Had I been on a school playground during recess the outcome may have been different, but i also wouldn't have walked away with a citation...

[Family 4,147]

The link I attached mentions that Maryland civil citations do not show up on your criminal record . But so you are aware, if you had not paid the fine, you would have had to appear in court….

 

 

Option 1. Say NO ( and treat it as a civil citation ) 

 

Ooption 2. If you say YES just giving them details in ur post …do yourself a favor and : 

a.  Get your own FBI record / prints ..( very inexpensive and accessible just call about )  

b. make a Request for Certified Court search that will show “ no record “ 

and include them. Just a quick read on some of possible civil citations in MD showed me they include marijuana and indecent exposure.. so if you say yes, a) and b) will insure u get no RFE

[ANM22 2]

5 minutes ago, Family said:

The link I attached mentions that Maryland civil citations do not show up on your criminal record . But so you are aware, if you had not paid the fine, you would have had to appear in court….

 

 

Option 1. Say NO ( and treat it as a civil citation ) 

 

Ooption 2. If you say YES just giving them details in ur post …do yourself a favor and : 

a.  Get your own FBI record / prints ..( very inexpensive and accessible just call about )  

b. make a Request for Certified Court search that will show “ no record “ 

and include them. Just a quick read on some of possible civil citations in MD showed me they include marijuana and indecent exposure.. so if you say yes, a) and b) will insure u get no RFE

I did pay the fine so I should be okay there. 

 

It was definitely a civil citation. I am okay with saying NO as long as civil citations won't result in an RFE if not declared.

 

In case I go option 2, how do i go about getting an FBI Record / Prints?

 

[Family 4,147]

Google livescan / fingerprint locations in your area, and you can do FBI ( covers arrests nationwide). But also do a Court Search ( Baltimore ) ?..best get on phone w any court that will answer phones  and they will help you w how to make request. 
 

[Chancy 6,243]

12 hours ago, ANM22 said:

I am okay with saying NO as long as civil citations won't result in an RFE if not declared.

 

Don't risk it.  Answer "Yes" and follow @Mike E's advice.

 

[Crazy Cat 42,055]

16 hours ago, Family said:

Option 1. Say NO ( and treat it as a civil citation ) 

 A citation is a....citation.

 

"Any law or any ordinance in ANY country...."  means ANY law or ordinance....... It looks VERY clear to me that your "option 1" is a guaranteed RFE. 

 

 

Edited April 4, 2022 by Crazy Cat

[powerpuff 6,747]

12 hours ago, ANM22 said:

It was definitely a civil citation. I am okay with saying NO as long as civil citations won't result in an RFE if not declared

If the question only asked about criminal citations, it would state so. Since it doesn’t state specifics, then it means ALL citations, criminal and civil. You were given some poor advice earlier… up to you whether you want to take that advice, I personally would never. 

[Crazy Cat 42,055]

12 hours ago, ANM22 said:

In case I go option 2, how do i go about getting an FBI Record / Prints?

You don't need FBI records..... Follow @Mike E's advice.

[ANM22 2]

7 minutes ago, powerpuff said:

If the question only asked about criminal citations, it would state so. Since it doesn’t state specifics, then it means ALL citations, criminal and civil. You were given some poor advice earlier… up to you whether you want to take that advice, I personally would never. 

Thank you for the great info all! In the end i want to take the "correct steps" to avoid an RFE. I guess I am going to have to figure out how to get a certified statement from a court indicating they have no record of my citation.

[Mike E 11,742]

17 hours ago, ANM22 said:

 

Part of the problem is I don't know the location of the incident and I don't live near Baltimore. We took an hour-long bus ride to Baltimore, got off the bus, relieved myself in the nearest dark alley, and received a citation.

There are 23 counties and one independent city in Maryland.  If you don’t want to get 24 certificates you can look at a map that shows your origin and destination and narrow it down to all counties and independent cities that bus would have logically entered.