Minor criminal history, did I screw up?

[Golden Gate 530]

10 minutes ago, Golden Gate said:

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. 

 

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

I'll call them now. Thank you

Also be clear about any community service or restitution or counseling or anything that shows that you did good on rectifying your mistake.

[yumie 0]

On 5/13/2022 at 5:45 PM, 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."

 

 

 

So is it only for fiancee? not spouse? 

[Erik and Glydyl 26]

@John & Rose 

 

Your story terrifies me, lol. I don't know if you saw my post earlier, but it kind of relates to this story as well. I was stuck between admitting to things in my application that may not have ever existed because I wanted to be 1000% honest and risk getting stuck in RFE hell searching for records of incidents that may not exist or just not disclosing them because I couldn't find any records and risk them finding some record and thinking that I was being dishonest and denying me. Being over 50, its hard to think back throughout your entire life and try to remember every little thing you may have been involved with courts about, especially when it involves nasty divorces or child custody battles where you are accused of everything under the sun by an ex who isn't afraid to fight " dirty". I understand the OP's fears and sit here waiting in fear, myself, that I will be denied after waiting for so long. Its only been 4 months since I filed my K-1 and its all ready been an unbearable wait for me. The thought of filing a spousal and waiting 2 more years would be a nightmare, and I can only imagine it would be the same for the OP. Reading your story and the other experiences here, it makes me feel USCIS is uncaring, unbending and heartless. I truly wish the Op the best of luck and I completely empathize with your situation. Hopefully everything works out for you and I, both.

[Cheesehead22 86]

Hello guys, it's been awhile so I thought I should give you all an update.
 

I actually went to a lawyer to with my concerns about this. He actually gave me free advice initially.

 

For free, he told me to go down to the courthouse and ask them to print a document saying no criminal record was found, and nicely ask for a signature saying nothing was found. Then write a nice letter to uscis. Well I did go to the court, and like I said no records turned up. I asked the person if they could print it, and I was told because there is no record then there is nothing to print. I then asked if he could print a screenshot and sign it, but he told me they can't do that, signing anything is considered legal matters. 

 

So I went back to the immigration lawyer and paid for his service. $1000.

 

He instructed me to go to the police station and get all my fingerprints printed. He would send that to the FBI for a background check.

 

It took about a month for the FBI to respond. They confirmed my fingerprints were checked and did not bring up any criminal records within the federal government. 

 

After that, my lawyer put together an amendment request for uscis. The request included formal amendment to the 129f form, to update certain boxes and that I am now using a lawyer and all communication should go through him.

 

It also included a very brief summary of what i remember from highschool. It was something like, when I was around 16 years old, I was in an minor alteration with another student, in which I was questioned by police but was never under arrest. I never saw a judge or entered a court room. I did community service. I did not think to add this to my original 129f because it was so minor. But I want to be as honest as possible. Etc. 

 

I have included an FBI background check and a Washington state patrol records check.

 

My lawyer says they likely will approve, but if they want to dig more because I brought it up they may ask for more records that really don't exist. In which case he said he would help for no extra charge. 

 

 

Sorry for the late response. 

[Gary Rich 284]

22 minutes ago, Cody Lehr said:

Hello guys, it's been awhile so I thought I should give you all an update.
 

I actually went to a lawyer to with my concerns about this. He actually gave me free advice initially.

 

For free, he told me to go down to the courthouse and ask them to print a document saying no criminal record was found, and nicely ask for a signature saying nothing was found. Then write a nice letter to uscis. Well I did go to the court, and like I said no records turned up. I asked the person if they could print it, and I was told because there is no record then there is nothing to print. I then asked if he could print a screenshot and sign it, but he told me they can't do that, signing anything is considered legal matters. 

 

So I went back to the immigration lawyer and paid for his service. $1000.

 

He instructed me to go to the police station and get all my fingerprints printed. He would send that to the FBI for a background check.

 

It took about a month for the FBI to respond. They confirmed my fingerprints were checked and did not bring up any criminal records within the federal government. 

 

After that, my lawyer put together an amendment request for uscis. The request included formal amendment to the 129f form, to update certain boxes and that I am now using a lawyer and all communication should go through him.

 

It also included a very brief summary of what i remember from highschool. It was something like, when I was around 16 years old, I was in an minor alteration with another student, in which I was questioned by police but was never under arrest. I never saw a judge or entered a court room. I did community service. I did not think to add this to my original 129f because it was so minor. But I want to be as honest as possible. Etc. 

 

I have included an FBI background check and a Washington state patrol records check.

 

My lawyer says they likely will approve, but if they want to dig more because I brought it up they may ask for more records that really don't exist. In which case he said he would help for no extra charge. 

 

 

Sorry for the late response. 

I'm so sorry.. but you could have done that yourself.. kindly taken yourself to the police station, and get your prints and then send it too the FBI ( Cost $40 ) and he would have had it back in a few days.. now you might ask how do i know.. well i'll will tell you.. ( because i did it myself) total cost $50 buck.. for prints and send FBI background check..( what i have learn from VJ..  always ask questions here before you get a lawyer.. these guys are the best, and some know more ten lawyers do)

Edited November 7, 2022 by Gary Rich

[Cheesehead22 86]

15 minutes ago, Gary Rich said:

I'm so sorry.. but you could have done that yourself.. kindly taken yourself to the police station, and get your prints and then send it too the FBI ( Cost $40 ) and he would have had it back in a few days.. now you might ask how do i know.. well i'll will tell you.. ( because i did it myself) total cost $50 buck.. for prints and send FBI background check..( what i have learn from VJ..  always ask questions here before you get a lawyer.. these guys are the best, and some know more ten lawyers do)

I understand. I just got so many different responses that I decided to get a professional to help. It's peace of mind. I don't think anybody here suggested I get FBI fingerprints checked, but I'm very thankful that these forums have been so informative.

Edited November 7, 2022 by Cody Lehr

[John & Rose 7,239]

On 11/7/2022 at 2:38 PM, Cheesehead22 said:

Hello guys, it's been awhile so I thought I should give you all an update.
 

I actually went to a lawyer to with my concerns about this. He actually gave me free advice initially.

 

For free, he told me to go down to the courthouse and ask them to print a document saying no criminal record was found, and nicely ask for a signature saying nothing was found. Then write a nice letter to uscis. Well I did go to the court, and like I said no records turned up. I asked the person if they could print it, and I was told because there is no record then there is nothing to print. I then asked if he could print a screenshot and sign it, but he told me they can't do that, signing anything is considered legal matters. 

 

So I went back to the immigration lawyer and paid for his service. $1000.

 

He instructed me to go to the police station and get all my fingerprints printed. He would send that to the FBI for a background check.

 

It took about a month for the FBI to respond. They confirmed my fingerprints were checked and did not bring up any criminal records within the federal government. 

 

After that, my lawyer put together an amendment request for uscis. The request included formal amendment to the 129f form, to update certain boxes and that I am now using a lawyer and all communication should go through him.

 

It also included a very brief summary of what i remember from highschool. It was something like, when I was around 16 years old, I was in an minor alteration with another student, in which I was questioned by police but was never under arrest. I never saw a judge or entered a court room. I did community service. I did not think to add this to my original 129f because it was so minor. But I want to be as honest as possible. Etc. 

 

I have included an FBI background check and a Washington state patrol records check.

 

My lawyer says they likely will approve, but if they want to dig more because I brought it up they may ask for more records that really don't exist. In which case he said he would help for no extra charge. 

 

 

Sorry for the late response. 

Thanks for the update.  The one thing people seem to forget is that USCIS and State already know more about you than you know about yourself.  You handled this correctly.  They may already have more information on the incident than the FBI can give to you but you showed that you performed due diligence in your pursuit of records.  The National Crime Database has a listing of everything including minor (underage) offenses and sealed or expunged records.  This was to test your honesty with the beneficiary and you should not have a problem getting approved.