I-129F Criminal History Questions

[Cathi 5,746]

Why even bother asking for advice of you aren't going to listen to a single word anyone says?

If you don't want to list it, don't. It sounds like you never planned to do so in the first place. Then come back and tell us what happens when you get denied for misrepresentation.

[Palawan 131]

On 8/7/2022 at 8:25 PM, Redheadguy03 said:

It should be noted that uscis sometimes checks this website. So they could very well figure out who you are. Don't lie on immigration forms! Even if you get away with it somehow, years down the road it could somehow pop up at a different appointment. Which could unravel everything, just be honest. 

Pass the Tin Foil Hat

 

They are gonna find out who Rick Flair is?

[Adujarric 67]

5 hours ago, ROK2USA said:

Part Two: INFORMATION ABOUT YOUR BENEFICIARY

Part Three: Other Information (ie no longer about the beneficiary)

 

 

 

Have you read the instructions on the I-129F?

Even if you were informed you no longer have a criminal record you need to disclose the arrest. 

 

What Judges dont tell you is that even if you had a record sealed or expunged you should save all dispositions for immigration purposes because those will be the only accessible ones from that point. From my experience the IO had everything all dispositions but they still want you to be the one providing and volunteering the information. USCIS & CBP could see things other law enforcement agencies can’t regardless if its sealed or expunged. 

[Villanelle 4,122]

2 hours ago, Palawan said:

Pass the Tin Foil Hat

 

They are gonna find out who Rick Flair is?

Possibly yes. I know it sounds unbelievable but it has happened. 

[EM_Vandaveer 2,408]

OP, it's your choice whether you want to commit misrepresentation.

 

The reason it's especially foolish not to list these arrests, is that, like you said, having the arrests & disclosing them (however inconvenient it is to get a record of them) will not lead to the denial of your petition.

 

Not listing them very well may lead to denial. Why risk it? Why assume you can outsmart the government in this situation?

You were told you can legally deny these arrests? Sure, to a potential employer....

Not to the government & not when the question pertains to ALL arrests, INCLUDING expunged ones.

 

From the instructions to Form-129F:

 

"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. 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."

 

As you can see if the court says no record exists, that's fine, as long as you disclose the arrest(s).

 

Further down in the instructions, one finds this:

 

"Penalties If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129F, we will deny your Form I-129F and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution."

Edited August 8, 2022 by EM_Vandaveer

[EM_Vandaveer 2,408]

15 hours ago, RickFlair said:

I'm going to list it.  I just hope I don't regret it.  Will not be surprised to see a denial or RFE with some kind of statement saying that the documents I supplied are not considered "certified".  Or some other kind of government technicality.

That's the smart thing to do.

[JeanneAdil 6,491]

15 hours ago, powerpuff said:

The issue was not the charges. The issue was misrepresentation by omission. That was the reason for the denial - failure to disclose, not that it was battery or any other charge.

agree with all who say disclose it 

if u have to do it,  go to court and unlock the documents and get the paperwork to add to your petition

in my state even a speeding ticket stays on the criminal report (from the county) forever to my surprise

 

and who is to say what is as u say " petty, frivolous and meaningless arrests?"

Every arrest is an infraction of the law

 

In any case, if a USCIS or State Department official discovers that you've lied to him or her, it casts everything else you've submitted into doubt. Before approving you for anything, the officials must be convinced that you're not concocting a fraud or scam.

[SteveInBostonI130 3,434]

 

@RickFlair, the instructions are pretty clear.   It says to state every arrests/conviction even if purged, etc.  It does not state you don't have to if you don't want to go through the hassle, or if you feel you do not have to disclose it.

 

The immigration process is long and arduous.  The best you can do is complete everything accurately on your end as fast as possible and wait.  However, you do have a choice.  You don't have to fill out all the forms and gather the documents and rinse and repeat for AOS, EAD, AP, etc:  Just move to your fiance's country. 

 

[JeanneAdil 6,491]

4 hours ago, Palawan said:

Pass the Tin Foil Hat

 

They are gonna find out who Rick Flair is?

If an officer feels the need 

all USCIS has to do is imput the info into a computer for all the like cases to be suspect

arrest for not paying ticket

arrest and expunged records for drug possesion 15 years ago

male

applying for K1

plus must be a fan of pro wrestling

that's a lot of info 

Edited August 8, 2022 by JeanneAdil

[EM_Vandaveer 2,408]

2 hours ago, JeanneAdil said:

agree with all who say disclose it 

if u have to do it,  go to court and unlock the documents and get the paperwork to add to your petition

in my state even a speeding ticket stays on the criminal report (from the county) forever to my surprise

 

and who is to say what is as u say " petty, frivolous and meaningless arrests?"

Every arrest is an infraction of the law

 

In any case, if a USCIS or State Department official discovers that you've lied to him or her, it casts everything else you've submitted into doubt. Before approving you for anything, the officials must be convinced that you're not concocting a fraud or scam.

Actually being arrested does not mean one broke the law. People do get arrested on false charges. That, however is irrelevant to the topic, all arrests need to be disclosed because that is what the form says.

[SalishSea 17,818]

8 hours ago, EM_Vandaveer said:

Actually being arrested does not mean one broke the law. People do get arrested on false charges. That, however is irrelevant to the topic, all arrests need to be disclosed because that is what the form says.

And yet, that point is somehow so difficult to grasp.

[Ontarkie 14,218]

~~Multiple posts removed for derailing this thread and violating the TOS. As the OP has stated he is listing his criminal history this thread is locked to keep from repeating the same advice that he has agreed with will follow.~~