Minor criminal history, did I screw up?

[Golden Gate 530]

  On 5/6/2022 at 11:01 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. "

 

You basically replied to the post within an hour or so of my post, so I got that notification thinking you were replying to me.  If you weren't responding to me, I am sorry.  

Edited May 12, 2022 by Golden Gate

[Villanelle 4,122]

@Cody Lehr

 

Can you please provide some more details about what exactly happened? I understand you wanted to forget it but there has to be more to it than what you've posted. 

 

So far you've posted there was an 'incident'. You described it as 'minor assault during high-school' and mentioned a bruise on their leg. You also stated some thing about going to an office in a mall where you were advised to do community service rather then go to court where you might lose. 

 

The Juvenile system can vary based on location. Sounds like you avoided the system by completing community service and staying 'clean'. This implies you did something that could have been charged but they used discretion and didn't. 

 

I also find your choice of wording a bit concerning. Most here are reading it as you got into a physical altercation with another boy and he ended up with a scuffed knee.  But you never clarified if that was the case.  Perhaps it's just me being too involved in the DV community but when I read it I can see this being an incident with a female in which a bruise was left on her leg and words thrown around like 'assault'.

 

It would also explain why you are concerned about it and decided to accept community service rather than go to court. Courts typically don't get involved in minor high-school hallway fights with minimal injuries. 

 

The specifics do matter. 

[Cheesehead22 86]

So I spoke to a lawyer in my area. He is recommending that I "attempt" to get any record that might be available, and if nothing is available, try to get a signature that nothing is found in the records. 

 

He then recommended using that document and sending in for an amendment to my i-129k. He said he can write up a letter for me to send, but seemed to think I could do it myself and even gave me some tips. He would charge 1000$ if I hired him, even if I do the legwork. 

 

He says USCIS or anybody is likely not really concerned with my history from being a minor and probably won't show up. But if I want to feel better, disclose it in an amendment.

 

There have been a couple people here that offered tips for writing an amendment. I think I may message them and politely ask for assistance. I really don't want to fork over $1000+

 

In the meantime, thank you all for your valuable input and information. I really appreciate it. I will keep this updated as things progress.

[Golden Gate 530]

2 hours ago, Cody Lehr said:

So I spoke to a lawyer in my area. He is recommending that I "attempt" to get any record that might be available, and if nothing is available, try to get a signature that nothing is found in the records. 

 

He then recommended using that document and sending in for an amendment to my i-129k. He said he can write up a letter for me to send, but seemed to think I could do it myself and even gave me some tips. He would charge 1000$ if I hired him, even if I do the legwork. 

 

He says USCIS or anybody is likely not really concerned with my history from being a minor and probably won't show up. But if I want to feel better, disclose it in an amendment.

 

There have been a couple people here that offered tips for writing an amendment. I think I may message them and politely ask for assistance. I really don't want to fork over $1000+

 

In the meantime, thank you all for your valuable input and information. I really appreciate it. I will keep this updated as things progress.

Again, there should be a number to call immigration and ask them directly to tell you whether you even need to do that or not.  That is what I did. That could save you time and money.

[Golden Gate 530]

2 hours ago, Cody Lehr said:

 

Here is US Immigration's phone number:  1 (800) 375-5283.

 

They were very helpful in answering my question concerning a very similar issue.

[Cheesehead22 86]

1 hour ago, Golden Gate said:

Here is US Immigration's phone number:  1 (800) 375-5283.

 

They were very helpful in answering my question concerning a very similar issue.

I'll call them now. Thank you

[Villanelle 4,122]

On 5/8/2022 at 1:01 PM, 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?

John I wholeheartedly agree with everything you have said but feel you misspoke above and where you wrote AWA should be replaced with IMBRA.

 

AWA refers to the Adam Walsh Act and it applies to everyone. 

 

IMBRA is specific to the K process.  The international marriage broker act covers a variety of things and is designed to ensure the immigrant fiance is aware of any criminal records the petitioner may have as well as allow denials for" the immigrants protection" in addition to AWA and making sure if a broker was used it was done properly. 

 

So a spousal visa won't deal with IMBRA and I believe it's IMBRA causing the delays and not soley AWA cases as actual AWA cases are a relatively small percentage filed. 

[Villanelle 4,122]

2 hours ago, Golden Gate said:

Here is US Immigration's phone number:  1 (800) 375-5283.

 

They were very helpful in answering my question concerning a very similar issue.

USCIS can not give legal advice.  The 800 number is helpful for some but contains the same information found online at USCIS website 

[John & Rose 7,239]

20 minutes ago, Villanelle said:

John I wholeheartedly agree with everything you have said but feel you misspoke above and where you wrote AWA should be replaced with IMBRA.

 

AWA refers to the Adam Walsh Act and it applies to everyone. 

 

IMBRA is specific to the K process.  The international marriage broker act covers a variety of things and is designed to ensure the immigrant fiance is aware of any criminal records the petitioner may have as well as allow denials for" the immigrants protection" in addition to AWA and making sure if a broker was used it was done properly. 

 

So a spousal visa won't deal with IMBRA and I believe it's IMBRA causing the delays and not soley AWA cases as actual AWA cases are a relatively small percentage filed. 

IMBRA doesn’t deal with criminal records. It has to do with marriage brokers. AWA requires a check to protect the unknowing beneficiary from a potentially dangerous petitioner. AWA does matter but for spousal it is much narrower. Sexual crimes and violent domestic crimes might still impact spousal but they will definitely impact fiancée. Not disclosing assault and battery can be a reason for denial. 

[John & Rose 7,239]

15 hours ago, Golden Gate said:

Again, there should be a number to call immigration and ask them directly to tell you whether you even need to do that or not.  That is what I did. That could save you time and money.

As mentioned above, USCIS cannot give legal advice.  They can look at your petition online (just like you can) and repeat that information.  They can answer basic questions but only the adjudicator can say whether this will be an issue.  Some may not care about it while others do.  Failure to disclose is a refusal offense.  The adjusdicaot will make nots and the CO will make the determination after the interview.  

 

I like what his lawyer said.  Try to get any information he can and if none is available, get a signed statement as such.  There is more to the story and some doesn't quite makes sense.  I'm not sure if you can amend but if possible that is a safer way to go.  The crime itself may have no impact on the case.  Not disclosing its may.  That is my only concern.  A juvenile crime like this that was disclosed would have no impact at all.  Odds of a challenge go up when out is not disclosed.  The OP certainly can still have no problems at all but the odds are higher for challenges by not disclosing.

[Villanelle 4,122]

13 hours ago, John & Rose said:

IMBRA doesn’t deal with criminal records. It has to do with marriage brokers. AWA requires a check to protect the unknowing beneficiary from a potentially dangerous petitioner. AWA does matter but for spousal it is much narrower. Sexual crimes and violent domestic crimes might still impact spousal but they will definitely impact fiancée. Not disclosing assault and battery can be a reason for denial. 

 AWA and IMBRA are 2 separate things but they do intersect. The applicable codes and policies are referenced below.

 

"DHS is also authorized to collect the biometrics of U.S. citizen and lawful permanent resident petitioners of family-based immigrant petitions, and U.S. citizen petitioners of nonimmigrant fiancé(e) petitions, to determine if a petitioner has been convicted of certain crimes pursuant to the AWA, Public Law 109-248, 120 Stat. 587 (2006) (codified as amended in scattered sections of 18 and 42 U.S.C.) (see sections 402(a) and (b) for the applicable immigration provisions), and IMBRA, Public Law 109-162, 119 Stat. 2960 (2006) (codified as amended at 8 U.S.C. 1375a).

 

The AWA:

Prohibits U.S. citizens and lawful permanent residents who have been convicted of any “specified offense against a minor” from filing a family-based immigrant visa petition on behalf of any beneficiary, unless the Secretary determines in his or her sole and unreviewable discretion that the petitioner poses “no risk” to the beneficiary. INA section 204(a)(1)(A)(viii)(I), (B)(i)(II); 8 U.S.C. 1154(a)(1)(A)(viii)(I), (B)(i)(II).

Renders ineligible to file “K” nonimmigrant fiancé(e) petitions those U.S. citizens convicted of such offenses, unless the Secretary determines in his or her sole and unreviewable discretion that the petitioner poses “no risk” to the fiancé(e) beneficiary. INA section 101(a)(15)(K), 8 U.S.C. 1101(a)(15)(K).

 

Independent of the AWA, USCIS is also required to disclose information regarding certain violent arrests and convictions for some U.S.C. petitioners who file K-visas for fiancés or spouses in accordance with IMBRA, 8 U.S.C. 1375a."

 

 

 

[John & Rose 7,239]

12 minutes ago, Villanelle said:

 AWA and IMBRA are 2 separate things but they do intersect. The applicable codes and policies are referenced below.

 

"DHS is also authorized to collect the biometrics of U.S. citizen and lawful permanent resident petitioners of family-based immigrant petitions, and U.S. citizen petitioners of nonimmigrant fiancé(e) petitions, to determine if a petitioner has been convicted of certain crimes pursuant to the AWA, Public Law 109-248, 120 Stat. 587 (2006) (codified as amended in scattered sections of 18 and 42 U.S.C.) (see sections 402(a) and (b) for the applicable immigration provisions), and IMBRA, Public Law 109-162, 119 Stat. 2960 (2006) (codified as amended at 8 U.S.C. 1375a).

 

The AWA:

Prohibits U.S. citizens and lawful permanent residents who have been convicted of any “specified offense against a minor” from filing a family-based immigrant visa petition on behalf of any beneficiary, unless the Secretary determines in his or her sole and unreviewable discretion that the petitioner poses “no risk” to the beneficiary. INA section 204(a)(1)(A)(viii)(I), (B)(i)(II); 8 U.S.C. 1154(a)(1)(A)(viii)(I), (B)(i)(II).

Renders ineligible to file “K” nonimmigrant fiancé(e) petitions those U.S. citizens convicted of such offenses, unless the Secretary determines in his or her sole and unreviewable discretion that the petitioner poses “no risk” to the fiancé(e) beneficiary. INA section 101(a)(15)(K), 8 U.S.C. 1101(a)(15)(K).

 

Independent of the AWA, USCIS is also required to disclose information regarding certain violent arrests and convictions for some U.S.C. petitioners who file K-visas for fiancés or spouses in accordance with IMBRA, 8 U.S.C. 1375a."

 

 

 

That is some great info!  Thanks for the clarification. 

[Golden Gate 530]

15 hours ago, John & Rose said:

As mentioned above, USCIS cannot give legal advice.  They can look at your petition online (just like you can) and repeat that information.  They can answer basic questions but only the adjudicator can say whether this will be an issue.  Some may not care about it while others do.  Failure to disclose is a refusal offense.  The adjusdicaot will make nots and the CO will make the determination after the interview.  

 

I like what his lawyer said.  Try to get any information he can and if none is available, get a signed statement as such.  There is more to the story and some doesn't quite makes sense.  I'm not sure if you can amend but if possible that is a safer way to go.  The crime itself may have no impact on the case.  Not disclosing its may.  That is my only concern.  A juvenile crime like this that was disclosed would have no impact at all.  Odds of a challenge go up when out is not disclosed.  The OP certainly can still have no problems at all but the odds are higher for challenges by not disclosing.

When I called Immigration and explained the issue of first time arrest for slapping my partner on the head that my file was permanently closed according to a law in my state that applies to this particular situation and I had no record, then not sure why they aren’t trained to tell you they can’t answer that. In fact, they specifically told me that I didn’t need to report this on my application and my petition went through without any problem. Would be curious what Immigration told him when he called. I was an adult and actually arrested, booked, and required to admit guilt.

Edited May 14, 2022 by Golden Gate

[John & Rose 7,239]

11 minutes ago, Golden Gate said:

When I called Immigration and explained the issue of first time arrest for slapping my partner on the head that my file was permanently closed according to a law in my state that applies to this particular situation and I had no record, then not sure why they aren’t trained to tell you they can’t answer that. In fact, they specifically told me that I didn’t need to report this on my application and my petition went through without any problem. Would be curious what Immigration told him when he called. I was an adult and actually arrested, booked, and required to admit guilt.

Good for you. Not that I doubt that story but USCIS doesn’t issue visas. My arrest was expunged by a federal district court 30 years before I filed my K-1 and we were refused by the state department (not USCIS) for failure to disclose. 

[Golden Gate 530]

On 5/12/2022 at 6:56 PM, Cody Lehr said:

I'll call them now. Thank you

If you still are concerned about it and you aren’t able to get anything (when I called the police department and clerk’s office, they told me my case was sealed and there was nothing they could provide to me), then I would think it would be sufficient to just explain what you tried to do to get the record, get a signature if you can, and just send that off. Then at least you know that you did your best and they are aware and you now have it attached to your case. Can’t believe a lawyer would charge that exorbitant amount to basically do the same thing.