Grey area convictions

[imagetheif 4]

Hi! I'm a beneficiary applying for a K1 at the moment, just waiting on some paperwork and medical checkup before the interview, very excited except for one thing...

About 10 years ago I was arrested for trespassing and willful damage during university. I was exploring a long time derelict building next door to where I was living at the time and got picked up by the cops who trumped up my charges to willful damage. I was given the opportunity for "diversion" in exchange for a guilty plea, meaning I could avoid going to criminal court with the assurance it would not go on my record so long as I paid a fine and and a letter of apology to the land owner (who incidentally turned out to not exist). After living off plain rice and noodles for a month to pay the fine, I thought it was all over.

I wasn't worried about this until I looked through my required interview documents and saw that the arrest IS actually on my record and that while it's not accessible to employers or agencies based in my home country, it is potentially available upon request to foreign countries. From here I'm presented with two options: I use a "domestic" record that is totally clean, or a "full" record that includes the arrest and charge.

I'm not really sure what to do, because in the other paperwork already submitted I said that I had never been arrested because I assumed it was expunged, I feel to bring it up now might complicate the process and make an inconsistency. On the other hand, if the USCIS discovers that I had been concealing otherwise available information it may also complicate issues.

Any help much appreciated!!!

[Boiler 43,428]

Tell the truth.

[Unidentified 2,930]

Give them the full record and be prepared to explain why you said no to any previous convictions.