Should Arrest Records Be Disclosed or not? (No Convictions)

[sevenrider860 9]

My fiance and I are about to submit our K1 Visa Petition to USCIS. We want to ask if my fiance (the petitioner) need to disclosed his arrest records in the past. He had no convictions. The first one was dismissed and the second one he was given "Withheld Adjudication" and served probation which he completed. We know that the USCIS will do a background check on him. Is it necessary to disclosed the arrest records or should we just let them find out on their own since there were only arrest made and no convictions?

To be clear from the start... I am not a lawyer. But I find that you should not disclose anymore than what is being asked. There is no question that asks "Have you been arrested..." The I-129F Part 3 , Question 2 asks "Have you been convicted by a court of law (civil or criminal)..."

Being arrested is not the same as being convicted. If a case is dismissed, you have not been found guilty and you have not been convicted. If the court withholds the adjudication of guilt, the court has not convicted you.

[aljci 7]

I agree. Maybe we're just overthinking things? When the USCIS will do a background check, will they see the dismissal of case and the decision on the other one?

[southcoast 27]

Frequently deferred adjudications are "convictions" for immigration purposes. It depends on the state and under which provision it was deferred. In Massachusetts, for example, "pre trial probation" is not a conviction, but "continued without a finding" is. If in doubt, disclose it.

[Fan_Dancer 171]

Yours is not too serious then. I mean it doesn't fall in any category mentioned in the forms. My fiance's case is like this... When he was 19 he was arrested for sexual battery which was filed by the girl he was dating/having consentual sex with at that time. The girl was 24 that time and they got into a fight and the girl decided to get back at him by filing a case against him. He was arrested but the case was dismissed coz they didn't believe the girl's statement and that was it.

Just remember, that's HIS version.

[Loki_Go 126]

The 'have you ever been arrested' part will come up when he gets his police clearance. At least they asked me that when I went to get mine. I'd answer the question being asked on the I-129F (which for you is no) but be absolutely ready to answer with the truth if they ask for it, and have all court documentation ready for the interview. They know what happened so everything is really a truth test.

Only answer what's being asked at this initial filing. KISS.

Edited June 10, 2015 by Loki_Go

[Shauneg 762]

The 'have you ever been arrested' part will come up when he gets his police clearance. At least they asked me that when I went to get mine. I'd answer the question being asked on the I-129F (which for you is no) but be absolutely ready to answer with the truth if they ask for it, and have all court documentation ready for the interview. They know what happened so everything is really a truth test.

Only answer what's being asked at this initial filing. KISS.

He's the petitioner.

[Cathi 5,610]

Just remember, that's HIS version.

why would you even say this? Obviously the cops didn't believe her story because they released him without charging him with anything. Your comment has ZERO to do with the OP's question and your judgement of her fiance is irrelevant to this discussion. If you do not have an answer to her question, don't say a word.

OP: the form asks for convictions, he was not convicted so no need to mention it. If the arrest on his record they will see it when they do a background check, and that's a big if. It may not show up at all.

[Paul and Svetlana 21]

They will find out about any arrests. Submit paper work and then a summary of what happened. It is better to tell everything (disclose everything) about any arrest then to try to "hide " any arrest. If they find out you were arrested for anything and you don't disclose it then they will think that you are trying to hide it. You will for sure get an RFE or a complete rejection of your petition. Good Luck

[lala64 93]

He only got arrested. He never went to trial and the case was dismissed. Should we still have to mention about the arrest since they're only asking about convictions?

I didn't mention my past convictions as they were not a part of IMBRA it states 3 or more drug convictions child cases domestic violence etc... I had several felonies but none that fell under those. So I checked no and was approved. If they do a background check and uncover any IMBRA related crimes you will get an RFE to show police records etc. Your fine saying No as it is not IMBRA according to your post. Good luck. Match the type of convictions to exactly what they are asking on the petition its cut and dry on the crimes.

[Calicolom 265]

Every ARREST is reported to the FBI, just try to get a gun carry permit. I found this out.

[tomyka81 95]

I would disclose any derogatory information in the USCIS stage because although it might not be a disqualifier for the petition, it could raise a reg flag at the visa application stage. The visa application stage is about trustworthiness. Rather than have an adjudicator think they have found a smoking gun, i would disclose so the rest of the application is not under undue scrutiny. But at the end of the day, use your best judgement.

[tomyka81 95]

why would you even say this? Obviously the cops didn't believe her story because they released him without charging him with anything. Your comment has ZERO to do with the OP's question and your judgement of her fiance is irrelevant to this discussion. If you do not have an answer to her question, don't say a word.

OP: the form asks for convictions, he was not convicted so no need to mention it. If the arrest on his record they will see it when they do a background check, and that's a big if. It may not show up at all.

withholding adjudication is not a dismissal. It is as good as guilty in some instances especially if probation or any financial penalty is associated with it. A dismissal is a dismissal. With holding adjudication can't even be expunged. some people are convinced by lawyers to accept a with holding adjudication in order to avoid a trial that may result in jail time. If a person is truly innocent, never with hold adjudication because it opens more questions on the security front of having to explain what happened, etc etc

Edited June 10, 2015 by tomyka81

[aljci 7]

withholding adjudication is not a dismissal. It is as good as guilty in some instances especially if probation or any financial penalty is associated with it. A dismissal is a dismissal. With holding adjudication can't even be expunged. some people are convinced by lawyers to accept a with holding adjudication in order to avoid a trial that may result in jail time. If a person is truly innocent, never with hold adjudication because it opens more questions on the security front of having to explain what happened, etc etc

why would you even say this? Obviously the cops didn't believe her story because they released him without charging him with anything. Your comment has ZERO to do with the OP's question and your judgement of her fiance is irrelevant to this discussion. If you do not have an answer to her question, don't say a word.

OP: the form asks for convictions, he was not convicted so no need to mention it. If the arrest on his record they will see it when they do a background check, and that's a big if. It may not show up at all.

He had two arrests. The first one is the sexual battery case when he was 19 (he's 28 now) and the girl was 24. He only got arrested, he never went to jail, no trial, case dismissed. The police didn't believe the girl's statement because it was total bs, she just wanted to get back at him. Which is totally unfair coz the police should've investigate first before they made the arrest. His family and I gets angry and hurt whenever this thing comes up. The second arrest was for theft but they lacked evidence for it so they gave him a decision of "Withheld Adjudication" which in law means that you are not convicted. He was on probation and did community service

[KayDeeCee 4,891]

A USC petitioner only needs to provide court records if they were convicted of certain crimes. See the I-129F form instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

[aljci 7]

I didn't mention my past convictions as they were not a part of IMBRA it states 3 or more drug convictions child cases domestic violence etc... I had several felonies but none that fell under those. So I checked no and was approved. If they do a background check and uncover any IMBRA related crimes you will get an RFE to show police records etc. Your fine saying No as it is not IMBRA according to your post. Good luck. Match the type of convictions to exactly what they are asking on the petition its cut and dry on the crimes.

He never had convictions. The first one he was arrested for sexual battery, he was 19 (he's 28 now) and the girl was 24. He only got arrested, he never went to jail, no trial, case dismissed. The police didn't believe the girl coz it was total bs. That's why idk why they arrested him when they should've investigate first and now he has this arrest record which his family and I still gets angry whenever this thing comes up. The second one and the last one was for theft when he was 25. Let's just say he was playing robin hood. He never went to trial but his case was given a "Withheld Adjudication" which means that due to lack of evidence they didn't find him guilty and therefore cannot convict him. But they gave him a "punishment", he was on probation and he did community service which he completed all.