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Posted (edited)

The two questions are:

  • Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
  • Have you EVER received a suspended sentence, been placed on probation, or been paroled?

 

Before I got my green card I had a single incident stemming from a bar fight type of situation. I was charged with a misdemeanor, went to court and worked out a deal to plead guilty to disorderly conduct if I completed an anger management program. I completed that program and then went back to court, plead guilty, and was told the whole thing would be sealed after a year of good behavior (which it was, except for immigration purposes, of course).

 

I reported all of this during my green card application and was approved without issue and there have been no other issues since.

 

So question is: should I be answering "yes" to both of these questions? I am answering yes to the other ones obviously related to the charge etc. but not sure if what happened to me is described in these two.

 

Edited by Badtiming101
Filed: F-2A Visa Country: Nepal
Timeline
Posted
1 hour ago, Badtiming101 said:

should I be answering "yes" to both of these questions?

Yes.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
2 hours ago, Badtiming101 said:

So question is: should I be answering "yes" to both of these questions?

Yes. Otherwise  it is perjury. Nothing is sealed from the federal government. 
 

Now then; USCIS might give you the run around and prove that your completed your sentence. If the court no longer has those records available to you then USCIS will want proof that you have no records.  
 

So you will need to go to the court house and ask for your records or a statement that no records are available. USCIS likes to see records or statements that have a seal, raised and/or ink stamp from an official ot delegate of the court such as the clerk of the court or a prosecutor or judge.  
 

So after you file, get busy. 

Edited by Mike E
Posted
5 hours ago, Mike E said:

Yes. Otherwise  it is perjury. Nothing is sealed from the federal government. 
 

Now then; USCIS might give you the run around and prove that your completed your sentence. If the court no longer has those records available to you then USCIS will want proof that you have no records.  
 

So you will need to go to the court house and ask for your records or a statement that no records are available. USCIS likes to see records or statements that have a seal, raised and/or ink stamp from an official ot delegate of the court such as the clerk of the court or a prosecutor or judge.  
 

So after you file, get busy. 

Yes OP will need to show proof that he completed the anger management program and the disposition of that case.  

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
11 hours ago, Adujarric said:

Yes OP will need to show proof that he completed the anger management program and the disposition of that case.  

Which OP won’t be able to provide  because the records have been sealed or expunged. Instead OP will have to show that there is no  record of this incident or its aftermath. 
 

USCIS of course has all the information. Hence my characterization of this exercise as being the runaround 

Edited by Mike E
 
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