Hello everyone,
I am seeking some advice for my spouse and I. My spouse is a Japanese citizen holding a permanent residency card. We completed our i-130 and my spouse was granted her residency here in the United States 2-years ago. It is now time for us to submit a i-751 to remove conditions on her residency. Previously when we went through the i-130 process, while I was stationed in Japan, we answered "yes" on her i-130 in reference to "have you ever committed a crime...etc." This was also documented in her ds-260 that we were required to submit.
My spouse was able to get her criminal record pulled from the local police office where we filed, but it was sealed, so we do not know if there is in fact any record of her crime. When she was 14 years old she was caught shoplifting, taken to the police station and questioned, then later released to her mother. To her knowledge, she never needed to pay a fine, nor was she charged for the crime. When we spoke to the counselor at her interview for her i-130, they accepted the documents of her criminal history and she was accepted.
From my interpretation, in the directions (i-751) it states that she is required to provide documentation (again) on the incident. The document would require either my spouse traveling back to Japan and hand receiving the record, or requesting the record through the local embassy, which we were quoted at potentially taking up to 3 months to receive. I have called USCIS three separate times requesting more information, but it seems they are not allowed to answer whether or not she has to submit the criminal record again or not. Today I spoke with another USCIS representative and he suggested it possible that I provide a written statement of the situation and that we have already previously disclosed this and provided the criminal record for her i-130.
She has not committed any crimes since gaining her residency (in her 2-year conditional period). As it stands I have written the letter that was recommended, and included it with her filing documents signed by both of us.
My questions are;
Does she in fact need to submit the same criminal record for the i-751, or is this stored in the USCIS database for reference?
Does the question on form i-751 refer to the conditional 2-year period, or is it in fact "have you ever"?
y.capen
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12:34 am June 23, 2022
