Minor criminal history, did I screw up?

[John & Rose 7,239]

On 5/2/2022 at 2:06 PM, poh said:

If its under 18, you were charged differently and not as an adult.  You were a juvenile when you were charged and won't effect your application.  No worries. Juvenile records are sealed and unavailable outside of juvenile courts.  US courts gives kids chances to correct themselves instead of ruining their lives.   I know someone who  at age 17 broke the law  and got arrested and did fine in their immigration journey.  

Where are people coming up with this stuff?  Did you even read the question or look at the directions?  Wow, just wow! People have no clue yet they seem to believe they are experts.

 

"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."

[John & Rose 7,239]

On 5/2/2022 at 2:07 PM, Cody Lehr said:

I was questioned and told before anything that I was not under arrest. 

So why would you do community service?  That makes no sense at all.  Community service is a sentence.  

[John & Rose 7,239]

On 5/2/2022 at 3:55 PM, Sartre said:

The first sentence does not lead to any discussion. It's truncated!   If you know what the correct approach please describe in detail.  The second sentence is a little too cryptic:t, "...visa you did"?  

If you don't even know what AWA is you are probably better off not commenting on the post.  

[John & Rose 7,239]

On 5/3/2022 at 5:47 AM, Sartre said:

I am truly familiar with the rules and regulations. The problem in the end is that there wasn't a crime.  There isn't a record of a crime.  This implied argument that the authorities have ways of finding out about events that we do not already know about is ludicrous.  The FBI, State and local authorities do not know of any crime the petitioner committed and by the way, neither does the petitioner. This is absurd and an over reaction.  It's obvious the petitioner did something and it appears he was punished by having to payback the community with some time of service. Obviously some fair minded person got the petitioner to do something to amend for his discretion.  This is like a parent punishing a kid.  Pretty soon some posters of this site are going to start saying that the crime is that he thought about it, therefore he committed it. Show me the crime and I'll be the first to tell the petitioner to amend his petition. 

Clueless... You did spousal so AWA doesn't even come into play.  K-1 has about a 58% denial rate right now and a lot has to do with AWA.  He was never arrested but instead of fighting his not being arrested he decided to get sentenced to community service just to prove he was never arrested?  Does any of that sound weird?

[John & Rose 7,239]

At this point lets just wait and see what happens.  We disagree and what we think doesn't matter.  It is up to the CO.  Let's just wait and hope for the best.  I hope they let him go but I know of dozens who were not that lucky.  I've been working with them for years trying to help them through their denials.

[SalishSea 17,829]

1 hour ago, John & Rose said:

Clueless... You did spousal so AWA doesn't even come into play.  K-1 has about a 58% denial rate right now and a lot has to do with AWA.  He was never arrested but instead of fighting his not being arrested he decided to get sentenced to community service just to prove he was never arrested?  Does any of that sound weird?

Thank you for trying to clarify.  It is an uphill battle on this thread!  😅

[Sartre 123]

4 hours ago, John & Rose said:

Clueless... You did spousal so AWA doesn't even come into play.  K-1 has about a 58% denial rate right now and a lot has to do with AWA.  He was never arrested but instead of fighting his not being arrested he decided to get sentenced to community service just to prove he was never arrested?  Does any of that sound weird?

Lack of opposable thumbs…My K-1 has nothing to do with my stock  of knowledge regarding this issue. Again, show me the crime and I’ll show you how the petitioner should amend his application. Your advice would be met with a laugh and a sneer at any immigration office. 

[Sartre 123]

5 hours ago, John & Rose said:

My record was expunged and not available for me either.  No court or police record at all.  Expungement order steed the court and police had to destroy any record.  So the police and court did destroy there records.  They are still VERY visible to immigration and other Federal agencies.  He was arrested and convicted.  The record is out there and even though you are saying it doesn't matter, my experience says it really matters a lot.

Read his post again and you will see that there wasn’t a crime adjudicated. This was at best a social transgression most likely handled by the school or community  authorities. A legal and adjudicates crime was not committed. 

[John & Rose 7,239]

1 minute ago, Sartre said:

Read his post again and you will see that there wasn’t a crime adjudicated. This was at best a social transgression most likely handled by the school or community  authorities. A legal and adjudicates crime was not committed. 

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.

 

It wasn't adjudicated BUT he was sentenced to Community Service.  Hmmmm  Oh, does the quote above list ANYTHING about adjudication?  Why did he do community service?  Just for fun?  That was a judgment and a sentence.

[John & Rose 7,239]

9 minutes ago, Sartre said:

Lack of opposable thumbs…My K-1 has nothing to do with my stock  of knowledge regarding this issue. Again, show me the crime and I’ll show you how the petitioner should amend his application. Your advice would be met with a laugh and a sneer at any immigration office. 

If you had ANY knowledge you would know that a signed and sworn petition cannot be amended.  He already stated and signed that the petition was complete and accurate.  I will gladly put my wealth of knowledge against yours any day.  I lived this and I've spent the last 6 or 7 years helping others in this same position.  I have dozens of cases like this under my belt.  If the crime was underage drinking or shoplifting I would agree with you.  I have seen convicted felons not mention the arrest and they were approved.  This was assault and battery.  That is different.  It has some extent of violence so AWA will come into play.  If a judge told him to do community service, there is a record available to the Federal Government.  Period.  Trust me, I have NEVER seen a CO laugh and sneer when they see a case where the petitioner was cited for a crime that contained a violent act and they decided that is was fine to lie on a Federal immigration application.  Sorry.  Been there, done that.  There was not a single thread of evidence I could have found.  My case didn't exist at the court or the police station.  I hope that he gets through this without a problem.  If he has a problem there is a path to fix this.  So just when were you denied for not disclosing a dropped and expunged case that happened 30 years before you filed?

[Sartre 123]

3 minutes ago, John & Rose said:

If you had ANY knowledge you would know that a signed and sworn petition cannot be amended.  He already stated and signed that the petition was complete and accurate.  I will gladly put my wealth of knowledge against yours any day.  I lived this and I've spent the last 6 or 7 years helping others in this same position.  I have dozens of cases like this under my belt.  If the crime was underage drinking or shoplifting I would agree with you.  I have seen convicted felons not mention the arrest and they were approved.  This was assault and battery.  That is different.  It has some extent of violence so AWA will come into play.  If a judge told him to do community service, there is a record available to the Federal Government.  Period.  Trust me, I have NEVER seen a CO laugh and sneer when they see a case where the petitioner was cited for a crime that contained a violent act and they decided that is was fine to lie on a Federal immigration application.  Sorry.  Been there, done that.  There was not a single thread of evidence I could have found.  My case didn't exist at the court or the police station.  I hope that he gets through this without a problem.  If he has a problem there is a path to fix this.  So just when were you denied for not disclosing a dropped and expunged case that happened 30 years before you filed?

Read the original post: he was a minor.  He tried everyday possible to find a record and not a scintilla of a crime emerged. Maybe your stock of knowledge is rich but you need to review your reading skills.  Show me the crime!  Not even the petitioner could find a crime that he supposedly committed as an adolescent.  

Edited May 8, 2022 by Sartre
word misspelled

[Sartre 123]

18 minutes ago, John & Rose said:

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.

 

It wasn't adjudicated BUT he was sentenced to Community Service.  Hmmmm  Oh, does the quote above list ANYTHING about adjudication?  Why did he do community service?  Just for fun?  That was a judgment and a sentence.

Read the original post and you will see that he has no idea why he did a small amount of hours of community service. Again, and again, there wasn't a crime committed and he was a minor.  This at best was a social transgression and he was punished by by some local community service.  Show me the crime and shoe me the adjudication.  They do not exist.  The solutions proposed by some posters are now so absurd that they are Kafkaesque! 

[John & Rose 7,239]

9 minutes ago, Sartre said:

Read the original post and you will see that he has no idea why he did a small amount of hours of community service. Again, and again, there wasn't a crime committed and he was a minor.  This at best was a social transgression and he was punished by by some local community service.  Show me the crime and shoe me the adjudication.  They do not exist.  The solutions proposed by some posters are now so absurd that they are Kafkaesque! 

OK.  Excellent.  Then we can all move on.  I never gave a solution.  If denied I do recommend that he gets married and files a spousal visa.  That is much better than K-1.  It is quick too since they already did the background checks.  We were approved pretty quickly.  It went so fast they were not ready to leave yet.  They needed another month to get everything organized.  Other than that, it is all up to the CO.

[Sartre 123]

1 hour ago, John & Rose said:

OK.  Excellent.  Then we can all move on.  I never gave a solution.  If denied I do recommend that he gets married and files a spousal visa.  That is much better than K-1.  It is quick too since they already did the background checks.  We were approved pretty quickly.  It went so fast they were not ready to leave yet.  They needed another month to get everything organized.  Other than that, it is all up to the CO.

Amen! I never gave advice on the K-1. I only expounded on the Kafkaesque and absurd crime being committed. I am willing to bet he will not be denied for a non-existent crime. 

[beloved_dingo 1,976]

On 5/6/2022 at 10:01 PM, Golden Gate said:

Beloved dingo: That’s why I told them to call immigration. They can ask them directly because papers were already sent in and no one is saying “immigration won’t care and so they shouldn’t worry about it and wait to see. Repeat: I told them to call immigration, did you read that part? And based on what happened to me where I actually got arrested and didn’t provide that info,  that took me to the conclusion that they didn’t even care I had that arrest and didn’t put it on my application. Read everything in context of what I was saying instead of picking apart my sentences and misinterpreting what I meant. No need for you to reply to this comment.

I don't know why you are so defensive. My comment wasn't directed at you in particular.