Minor criminal history, did I screw up?

[Av&An 4]

I would at list try to call USCIS, explain the situation and see what the agent has to say. And based on the answer find a suitable solution.

[carmel34 3,626]

14 hours ago, Cody Lehr said:

Now I'm reading horror stories about people being denied because they didn't disclose expunged records from decades ago. 

 

I'm worried. Can I amend my original filing? Should I be worried?

The problem here is misrepresentation.  You signed the I-129F as being true and accurate, when it was not.  That is on record.  Whether USCIS accepts a written confession letter, explaining that it was an oversight and disclosing the missing information, is uncertain.  It's probably worth a try, but it will add many months to your process and the outcome is impossible to predict.  As in the @John & Rose case, the problem isn't the seriousness of the undisclosed information, it is the misrepresentation, which is a serious issue.  Once you have lied on a federal form that you signed, they question the truthfulness of everything on the form.  Essentially they don't trust you.  So your options are 1. write and send a confession/apology/correction letter,  2. withdraw the I-129F and submit a new, correct one, or  3. withdraw the I-129F, get married, and submit a CR-1.  I personally would go with #3 because the CR-1 is a far superior visa, and the criminal history of the petitioner is not considered unless it is related to the Adam Walsh Act, which is not your situation.  Good luck!

Edited May 1, 2022 by carmel34

[Crazy Cat 41,850]

11 hours ago, Family said:

Assuming that you are the NOA 1 ( your Receipt for Filing Fee..and case is still pending approval, referred to here on VJ as NOA2), just write a Letter titled

“ Supplemental Filing to I-129 F case #xyz / Request for Record Update / Correction” 

Please note I am requesting to amend the I-129 F as follows: page x, part y, item z should be YES. 
My one and only contact with Law Enforcement was in High School on or about day/month/ year ( or approximate date). After an altercation with another student, I was given approximately 2 days of community service which I completed. I was never arrested and never required to appear court or for any procedures and the incident does not appear on my record. 
 

I am uncertain if the incident was handled through the School Disciplinary System or it was ever referred to Juvenile Courts and therefore my initial confusion and I have always believed that I have no criminal record.
Enclosed please find 

1. FBI Records ( it will show u squeaky clean…it’s easy and inexpensive to get , call in your area for places that do Livescan / Prints )

2. Juvenile Court Request for Records ( Google info on getting Juvenile Records in the state u went to school…usually online info is very clear…and will more than like show NO RECORD but no matter what it shows , it will be enough) .”   

 

YOU will be fine, no need to start from zero. 

****Some schools have a student body led “ court” , complete w a supervising/ Judge and deal with disciplinary issues WITHOUT sending the students to Juvenile Court…My 16 year old is a member of just such a body and has handled a few cases ***

 

 

 It might work.  It's worth a try.  

[Crazy Cat 41,850]

4 hours ago, Av&An said:

I would at list try to call USCIS, explain the situation and see what the agent has to say. And based on the answer find a suitable solution.

I wouldn't bother.  These people give a lot of worthless and harmful info over the phone.

[Mike E 11,739]

15 hours ago, Cody Lehr said:

Thank you for your knowledge and advice.

 

I'm going to visit my fiance again in July or October. Would it be faster to refile i129f with included information, or get married overseas and file cr1?

 

Thanks

If you go the CR-1 route then don’t wait until July or a October to get married.  Get married this week, online, using the Utah remote appearance marriage:

 

https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

Several VJ members have successfully obtained visas using this method. See 

 

Note you cannot file I-130 until you’ve met in person after the remote appearance marriage service has completed. You will need to provide evidence. 
 

Why you want to get married now versus a October is this thing called Removal of Conditions aka I-751. If you are married less than 2 years when you become a lawful permanent resident (LPR) then you must file I-751 to get  permanent LPR  (aka permanent lawful permanent resident, yes it is a silly as it sounds).  
 

Get married now.  Time entry into USA to be your 2 year wedding anniversary and no I-751 needed.  

[Missthanger 22]

I agree with them . Doesn’t matter under 18 . I didn’t disclose my child hood charges . Only after 18 it matters unless it a sex crime or something real bad . I wouldn’t even worry about it . Reach out to attorney to be sure . It may be free or cheap just to have a over the phone meeting . I don’t think it matters . No on here is a lawyer .  A assault may be different though . They want make sure 

Edited May 1, 2022 by Missthanger

[John & Rose 7,239]

4 hours ago, Missthanger said:

I agree with them . Doesn’t matter under 18 . I didn’t disclose my child hood charges . Only after 18 it matters unless it a sex crime or something real bad . I wouldn’t even worry about it . Reach out to attorney to be sure . It may be free or cheap just to have a over the phone meeting . I don’t think it matters . No on here is a lawyer .  A assault may be different though . They want make sure 

And you know this how?  Seems like we have seen a few juvenile arrests impact petitions.  You do realize that your advice can cause them a denial, correct?  You are willing to allow your expertise to potentially hurt another filer?  Lets look at where it says only over 18 in Item 4.A

 

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, for any offenses other than those you have already outlined in the previous section.  Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

I don't see where USCIS say this only pertains to over 18 years of age.  The instructions dont mention that either.

Edited May 1, 2022 by John & Rose

[John & Rose 7,239]

20 hours ago, Crazy Cat said:

I can't answer that.  I know that @John & Rose married after the denial, then refiled. His spouse received a CR1 visa with no issues.  

and they received their green cards quicker than they would have if we weren't denied the K-1!  Most of the background work was done with the K-1 and we made POE within 8 months of filing.  It may be hard to believe but our denial was one of the best things to happen to us.  Spousal is easier and cheaper and my wife and 2 step kids had jobs within about a month or so of arrival.  That really helped with their transition.

 

[JeanneAdil 6,505]

sorry,  but no where do i see the OP say he was under 18 

maybe i missed that post 

but he still has to mention an arrest and conviction (even if expunged which he can explain)

 

and we have seen cases where a juvenile offense came back to bite someone 

BTW to those of u that think only the immigrant undergoes a background check,  u r wrong

 

 

 

[Rocio0010 5,579]

11 hours ago, Missthanger said:

No on here is a lawyer .

…. Including you. Your advice could have serious negative impact on someone’s life. Nowhere does it say that under 18 doesn’t count.

[John & Rose 7,239]

3 hours ago, JeanneAdil said:

sorry,  but no where do i see the OP say he was under 18 

maybe i missed that post 

but he still has to mention an arrest and conviction (even if expunged which he can explain)

 

and we have seen cases where a juvenile offense came back to bite someone 

BTW to those of u that think only the immigrant undergoes a background check,  u r wrong

 

 

 

In my case the charges were dropped and the arrest was expunged. We never made it in front of a judge. None of that matters. I was wrong by not disclosing and we were denied for a 30 year old expunged arrest. Assault WILL be a problem. 

[John & Rose 7,239]

12 hours ago, Missthanger said:

No on here is a lawyer

Including you. People here have been through this process though. I’m not a lawyer but I had to explain to my two K-2s that they are not going to come to the US as planned. That is not something I want to repeat and I don’t want to see anyone else in that situation. 
 

USCIS will approve the petition because they can meet those requirements. USCIS doesn’t issue the visa. So you have to go to the interview. You can witness the beneficiary handing over their passports and being congratulated by the CO. You can be there when the passports get sent back with a 221(g) stating the visa is denied because the petitioner failed to disclose an arrest 30 years earlier that was dropped and expunged. Your thinking is dangerous to others. You can do that with your own petition but don’t tell others to do it. Even lawyers probably wouldn’t be able to do anything in this case. You cannot correct a form that you already swore was complete and correct when you sign it. There is no way to fix it if they decide to pursue the failure to disclose. 

[Rocio0010 5,579]

13 minutes ago, John & Rose said:

In my case the charges were dropped and the arrest was expunged. We never made it in front of a judge. None of that matters. I was wrong by not disclosing and we were denied for a 30 year old expunged arrest. Assault WILL be a problem. 

I have been reading your posts today. Binging on them. Oh boy, what a story! But you persevered and in the end, what seemed to be a problem (denial) worked out for the better because the CR1 took almost the same time if not less. Kudos to you and your spouse for being warriors!

[Jeffry Hardy 6]

On 4/30/2022 at 2:54 PM, Cody Lehr said:

I filed i129f a few weeks ago.

 

There is a charge for some form of minor assault during highschool. I was questioned but never arrested and didn't ever see a judge, but it was easier to accept community service for a couple days as a punishment instead of fighting it. record was expunged automatically.

 

I have never seen this in any background check, and no employer has questioned it. Even my fiance's relative knows somebody who works in government and did a background check on me (for my fiances safety). They didn't see anything. I was squeaky clean. So I didn't disclose it on my i-129f (but I did tell my fiance about it).

 

Now I'm reading horror stories about people being denied because they didn't disclose expunged records from decades ago. 

 

I'm worried. Can I amend my original filing? Should I be worried? Should I call USCIS? 

 

Thank you. 

If really u have checked nothing show up why are u worry about it free ur mind enjoy ur beer if u drink or coffee stay bless 

[John & Rose 7,239]

5 minutes ago, Jeffry Hardy said:

If really u have checked nothing show up why are u worry about it free ur mind enjoy ur beer if u drink or coffee stay bless 

Because the database he can see is different than the database the State Department and Homeland have access to. Trust me. Mine is completely clear when checked. State Police even public FBI information is clear. They still knew about it. They also knew I once called the police to report a rape. A neighbor was screaming at 3:00 AM. The police never talked to me but it is on the Federal Crime Database as reporting a felony rape.  They know more about you than you know about yourself. In fact there is a record every time you license plate is run. It is impressive. I have some connections and I asked them to check. Every ticket, every mention. If I search myself I don’t see anything. I know it was there and expunged though. So do the Feds.