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

[N30 0]

1 hour 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.

 

How could he run his own FBI prints? 

[Family 3,988]

1 hour ago, N30 said:

How could he run his own FBI prints? 

Google places in his city that do livescan  , they also do FBI fingerprints. Very inexpensive and a 2 week turnaround. 

[Family 3,988]

2 hours ago, N30 said:

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

Please understand you are not trying to get records , so don’t expect records . All you get and all you need is a letter that will say No Records Available. 

[powerpuff 6,686]

~~ Topic moved from K1 Progress Reports to Process & Procedures ~~

[carmel34 3,620]

10 hours ago, N30 said:

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

Directly from the I-129F, page 8

 

NOTE:  These criminal information questions must be answered even if your records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.  If you need extra space to complete this section, use the space provided in Part 8. Additional Information.

 

We have seen cases here on VJ before where a petitioner did not disclose sealed/expunged criminal records on the I-129F, causing problems/delays/denial because it is considered lying/misrepresentation.  USCIS will run a criminal background check and they can see everything, including sealed or expunged records.  Disclose all details or the petitioner is likely to be accused of misrepresentation which is serious.  A smooth immigration process requires complete honesty.

Edited June 17, 2023 by carmel34

[SteveInBostonI130 3,432]

14 hours 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.

 

This is promoting misrepresentation by omission.

 

[Crazy Cat 41,814]

14 hours 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.

 

 

I know one member who saw a K-1 denial after the interview for failure to disclose.

[chi6488 94]

37 minutes ago, Crazy Cat said:

I know one member who saw a K-1 denial after the interview for failure to disclose.

 

And you are seeing someone who was approved for not disclosing a sealed and expunged record.  This was my personal experience.  Now if it were an adult record and not sealed and expunged I would disclose.  

 

There is a reason why it is sealed and expunged so that it does not count against a person unless a serious crime the is related to that prior offense.

 

The op can decide which path he/she takes.  I am stating what I did and my reasoning.

[Crazy Cat 41,814]

Purposely not disclosing an offense is misrepresentation in my book. 

[igoyougoduke 1,653]

4 hours ago, chi6488 said:

 

And you are seeing someone who was approved for not disclosing a sealed and expunged record.  This was my personal experience.  Now if it were an adult record and not sealed and expunged I would disclose.  

 

There is a reason why it is sealed and expunged so that it does not count against a person unless a serious crime the is related to that prior offense.

 

The op can decide which path he/she takes.  I am stating what I did and my reasoning.

 

uscis wants all criminal records whether some court expunged or not or the case vanished accidentally. you cannot decide that because your court expunged the records that means USCIS does not want them. 

 

sealed and expunged is irrelevant when it comes to USCIS.  it matters to court or civil system but not to USCIS 

 

[TBoneTX 45,260]

A noncontributory post has been removed and administrative action applied against that poster's account.

 

Reminder:  Anyone objecting to a decision by a VJ Moderator should discuss it by private message, rather than post disagreements in public.

 

TBoneTX

VJ Moderation

[Mello3 35]

On 6/16/2023 at 9:10 PM, Family said:

Google places in his city that do livescan  , they also do FBI fingerprints. Very inexpensive and a 2 week turnaround. 

I did live scan and got my results in 24 hours. ...been using them for years for different reasons. Also fast results and less than 100 bucks.