Add sealed and expunged records in the I-129f form

[N30 0]

Hey guys, I have a big question right now. 

For filling the I-129f form do we need to include sealed and expunged records from over 20 years, when he was a minor? (nothing really bad, or listed in the crimes list there)

Because it is kinda difficult to get them. 

Anyone who knows about it? 

[randomstairs 303]

2 hours ago, N30 said:

Hey guys, I have a big question right now. 

For filling the I-129f form do we need to include sealed and expunged records from over 20 years, when he was a minor? (nothing really bad, or listed in the crimes list there)

Because it is kinda difficult to get them. 

Anyone who knows about it? 

If the records are from the US, there's a way to reopen them. Expunging a conviction always causes problems with immigration. If you can't get the records, try at least getting the court clerk's statement that the records don't exist. Depending on the nature of the crime, you can simply explain that the records aren't available to you and they should adjudicate on the merit of current evidence.  

[chi6488 94]

My personal experience I did not declare my expunged but that is in the US.  

 

If your fiance is out of country I can't advise.  I would logically guess that over 20 yrs those records are not easily available and you would also have trouble  getting records to show resolved.  Personally I would not declare in case you get a person on a bad day asking for RFE that it was resolved.

Edited June 16, 2023 by chi6488

[Lemonslice 4,831]

9 minutes ago, chi6488 said:

My personal experience I did not declare my expunged but that is in the US.  

 

If your fiance is out of country I can't advise.  I would logically guess that over 20 yrs those records are not easily available and you would also have trouble  getting records to show resolved.  Personally I would not declare in case you get a person on a bad day asking for RFE that it was resolved.

That's a great way to have the visa denied. 

[Lemonslice 4,831]

4 hours ago, N30 said:

Hey guys, I have a big question right now. 

For filling the I-129f form do we need to include sealed and expunged records from over 20 years, when he was a minor? (nothing really bad, or listed in the crimes list there)

Because it is kinda difficult to get them. 

Anyone who knows about it? 

Read the instructions carefully, do not interpret them to mean what is easier for you. 

[N30 0]

1 hour ago, randomstairs said:

If the records are from the US, there's a way to reopen them. Expunging a conviction always causes problems with immigration. If you can't get the records, try at least getting the court clerk's statement that the records don't exist. Depending on the nature of the crime, you can simply explain that the records aren't available to you and they should adjudicate on the merit of current evidence.  

Yea, the records are from the US. My feyonce is the US citizen and he is trying to get his records but he couldnt get any information about one. 

Do u think is a good idea to reopen them? 

[N30 0]

19 minutes ago, chi6488 said:

My personal experience I did not declare my expunged but that is in the US.  

 

If your fiance is out of country I can't advise.  I would logically guess that over 20 yrs those records are not easily available and you would also have trouble  getting records to show resolved.  Personally I would not declare in case you get a person on a bad day asking for RFE that it was resolved.

Yea we are thinking about it, did u use a lawyer for the process? 

The records are pretty complicated to get and in an easy look up, they don't show. 

[N30 0]

12 minutes ago, Lemonslice said:

Read the instructions carefully, do not interpret them to mean what is easier for you. 

It doesn't specify anything about sealed and expunged records, thats why my confusion started.

 

[chi6488 94]

No lawyer and my process was about 9 months normal time in 2017 -2018.  No RFE and no delays .

 

Those records are not easy to access.  They typical background check I would think is for anything publicly available so there would not be anything to trigger a further search.  They are so booked up right now with illegals that red flags is what triggers further reviews.

 

You have to think of how the system works. 

 

Good luck.

 

 

[chi6488 94]

Also if you think about it the US views crimes committed as a minor cannot be used against you except in certain serious situations or habitual offenders.

Edited June 17, 2023 by chi6488

[Lemonslice 4,831]

11 minutes ago, N30 said:

It doesn't specify anything about sealed and expunged records, thats why my confusion started.

 

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.

 

--- even without a conviction, you would need to disclose the arrest.

[Family 3,988]

5 hours ago, N30 said:

Hey guys, I have a big question right now. 

For filling the I-129f form do we need to include sealed and expunged records from over 20 years, when he was a minor? (nothing really bad, or listed in the crimes list there)

Because it is kinda difficult to get them. 

Anyone who knows about it? 

For Immigration purposes , at filing  ,you answer yes and add a very SHORT description re incident(s)

 

example

:  At the age of 16 , I was arrested/cited /detained in the City of Y. for an offense related to xyz ( fighting,  smoking ganja (?)…

Juvenile records have been sealed /expunged.

That/those were my only contact with law enforcement . Enclosed please find my FBI report

 

IF you want to go the extra mile , then also :

 

*** Run your own FBI prints and Google Juvenile Court Records for your state, ask for records and you will get a Custodian of Record Letter that says  NO Record..That letter is ALL you need.

 

[N30 0]

1 hour ago, chi6488 said:

No lawyer and my process was about 9 months normal time in 2017 -2018.  No RFE and no delays .

 

Those records are not easy to access.  They typical background check I would think is for anything publicly available so there would not be anything to trigger a further search.  They are so booked up right now with illegals that red flags is what triggers further reviews.

 

You have to think of how the system works. 

 

Good luck.

 

 

Thanks, is just hope there is not anything triggering. Hope it works.

[N30 0]

1 hour ago, Lemonslice 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.

 

--- even without a conviction, you would need to disclose the arrest.

Thanks, he was trying to get enough information for explaining the case even that we have almost any information about 

Edited June 17, 2023 by N30

[N30 0]

17 minutes ago, Family said:

For Immigration purposes , at filing  ,you answer yes and add a very SHORT description re incident(s)

 

example

:  At the age of 16 , I was arrested/cited /detained in the City of Y. for an offense related to xyz ( fighting,  smoking ganja (?)…

Juvenile records have been sealed /expunged.

That/those were my only contact with law enforcement . Enclosed please find my FBI report

 

IF you want to go the extra mile , then also :

 

*** Run your own FBI prints and Google Juvenile Court Records for your state, ask for records and you will get a Custodian of Record Letter that says  NO Record..That letter is ALL you need.

 

Thank you, that is really helpful. We are gonna try to get those court records and add all the info that we can, trying to avoid RFE