Vehicular Homicide (Advanced Security Check)

[Gra and Daniel 0]

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

[Steve'sGirl 0]

First of all, I'm sure there other VJers that can give you more solid information with regards to your situation, however, I would assume that they will send you an RFE for that. The petition was filed without including this information which in my humble opinion should have been added. You are not complicating a petition by being 100% honest about everything (including not so positive points) but rather by omitting information.

I would suggest to wait and, should things get more complicated, talk to a lawyer.

Anyway, good luck with the process. I hope everything will work out fine for you and your SO.

[CBR 0]

Hmm, I have been told my file is in security checks also (they used the terms extended review and name checks as well on the other 2 occasions i called). I have NO criminal background whatsoever. I don't even have traffic violations, nothing, nada zip!! My fiance doesn't either. I'm at the same stage, awaiting noa2.

I guess my point is that while it's possible that's why yours is being held up, there are also others (me) who are held up that have NOTHING in their past record as well.

Also, I didn't think something like that on the petitioner's part was of concern to them since you're already here. If you had a domestic abuse history I can understand why they wouldn't want you bringing someone into the country to abuse. But a car accident. Idk. Was it a drunk driving offense? Not sure if that would be an issue.

[rick's baby 0]

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

Hi Daniel,

My fiance had a vehicular accident too last 1987 and there was one lady that died during the incident, he was sent an RFE requesting to get a clearance from the court that his case is closed and cleared. He sent back the RFE to CSC and his petition was approved after they received the document.

Cora

[Gra and Daniel 0]

First of all, I'm sure there other VJers that can give you more solid information with regards to your situation, however, I would assume that they will send you an RFE for that. The petition was filed without including this information which in my humble opinion should have been added. You are not complicating a petition by being 100% honest about everything (including not so positive points) but rather by omitting information.

I would suggest to wait and, should things get more complicated, talk to a lawyer.

Anyway, good luck with the process. I hope everything will work out fine for you and your SO.

Well, not that i my intentions were not to be 100% honest, but more that my specific crime was not listed on application and there was nothing for me to check off. Where would I have added it? A additional letter of explanation? Again, this was not even suggested by the USCIS person i called before i started my app so i did not feel as if i was ommiting anything. Well, if they send me an RFE, i will be ready for it. I have all my dispostion docs ready. I really hope i do not have to retain a lawyer, God knows they have taken enough of my money already. Thanks for your response.

[Gra and Daniel 0]

Hmm, I have been told my file is in security checks also (they used the terms extended review and name checks as well on the other 2 occasions i called). I have NO criminal background whatsoever. I don't even have traffic violations, nothing, nada zip!! My fiance doesn't either. I'm at the same stage, awaiting noa2.

I guess my point is that while it's possible that's why yours is being held up, there are also others (me) who are held up that have NOTHING in their past record as well.

Also, I didn't think something like that on the petitioner's part was of concern to them since you're already here. If you had a domestic abuse history I can understand why they wouldn't want you bringing someone into the country to abuse. But a car accident. Idk. Was it a drunk driving offense? Not sure if that would be an issue.

Yes, unfortunately, it was alcohol related. I feel the same way, if it wasnt a domestic abuse thing (something that would affect a potential spouse) how would my one time accident affect my K1. We will see soon enough I hope.

Edited February 7, 2008 by Gra and Daniel

[Gra and Daniel 0]

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

Hi Daniel,

My fiance had a vehicular accident too last 1987 and there was one lady that died during the incident, he was sent an RFE requesting to get a clearance from the court that his case is closed and cleared. He sent back the RFE to CSC and his petition was approved after they received the document.

Cora

Thank you, I will be ready with all my dispostions and docs showing my case is closed if they send me an RFE. May I ask how long it took after he sent the doc to get the approval and also he disclosed the accident at the start of the application process? Thank you.

[rick's baby 0]

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

Hi Daniel,

My fiance had a vehicular accident too last 1987 and there was one lady that died during the incident, he was sent an RFE requesting to get a clearance from the court that his case is closed and cleared. He sent back the RFE to CSC and his petition was approved after they received the document.

Cora

Thank you, I will be ready with all my dispostions and docs showing my case is closed if they send me an RFE. May I ask how long it took after he sent the doc to get the approval and also he disclosed the accident at the start of the application process? Thank you.

The petition was approved two weeks after he mailed the RFE, no he did not put anything there i did not know about it either until he said he got an RFE from the USCIS, telling him the reason of the letter and what to do to make the papers process....