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I-129f part 3 2a some very old minor issues...do I need a lawyer?

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Part 3 question 2a Domestic violence, sexual assault, child abuse and neglect ..........well, 20 years ago, I was homeless and on mental disability. My ex had physical custody of our child and was found to be abusive. I was found guilty in a civil case, of abuse and neglect because I was not able at the time to provide for my child. :oops: I did however get it all together and won full custody of my daughter within 2 years of them filing the case, and solely raised her to adulthood with no other issue. Do I need a lawyer for this question?

Is there anyone who can give me some guidance on this issue? I am ready to start on the forms. I am hopeful that the consequences of the past are not too complex. The paper says I have to report everything, this really does not seem worthy of reporting to me, however I want everything in good order. I sincerely doubt much paperwork even exists on it, as later I had to get an order proving my sole custody, and it was very difficult. They had lost the records, and had to make a special court order to do so. I do now have that paper only. I have no other past legal issues whatsoever.

:reading:

Lonny

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Part 3 question 2a Domestic violence, sexual assault, child abuse and neglect ..........well, 20 years ago, I was homeless and on mental disability. My ex had physical custody of our child and was found to be abusive. I was found guilty in a civil case, of abuse and neglect because I was not able at the time to provide for my child. :oops: I did however get it all together and won full custody of my daughter within 2 years of them filing the case, and solely raised her to adulthood with no other issue. Do I need a lawyer for this question?

Is there anyone who can give me some guidance on this issue? I am ready to start on the forms. I am hopeful that the consequences of the past are not too complex. The paper says I have to report everything, this really does not seem worthy of reporting to me, however I want everything in good order. I sincerely doubt much paperwork even exists on it, as later I had to get an order proving my sole custody, and it was very difficult. They had lost the records, and had to make a special court order to do so. I do now have that paper only. I have no other past legal issues whatsoever.

:reading:

Lonny

I am not sure what you are asking exactly. What question do you have for a lawyer? If you are asking if your past civil court case should be disclosed the answer would be to simply be truthful.

I think the problem will be obtaining the docs to submit. My husband had a court case that had to be re-located so some docs could be included. We got an RFE for that. Maybe you can attempt what he did by contacting the court. If they don't have records for that time At least you will have that fact to present. You could try submitting what you have but of course they may feel its not enough even though its clear the court awarded you sole custody later.

Hiring someone is fine but they would just do what you could do yourself. This may come to nothing or the need to place in the file a document from the court as in our case later.

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Child neglect is one that needs to be disclosed. You will need to track down any and all documentation you can from that case.

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I am not sure what you are asking exactly. What question do you have for a lawyer? If you are asking if your past civil court case should be disclosed the answer would be to simply be truthful.

I think the problem will be obtaining the docs to submit. My husband had a court case that had to be re-located so some docs could be included. We got an RFE for that. Maybe you can attempt what he did by contacting the court. If they don't have records for that time At least you will have that fact to present. You could try submitting what you have but of course they may feel its not enough even though its clear the court awarded you sole custody later.

Hiring someone is fine but they would just do what you could do yourself. This may come to nothing or the need to place in the file a document from the court as in our case later.

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Yes as far as what exactly I am asking, it is obviously for most of us that have confusion over these issues. How in this situation do I gather and present all paperwork so that I can make a successful application? I appreciate those who have knowledge, as I have little in my current circumstance. This is awkward for me, I am asking for help in an area where I was found to be wrong/guilty in a civil matter. I find the paperwork to be pretty invasive, however, I understand some of the reasons such as human trafficking and continuing child abuse. I do not find abuse or neglect acceptable and plead not guilty in the case. I am just looking for the easiest path to a successful outcome. I believe it is totally acceptable to question my government while in any governmental process. We should all question the value of process imposed on us continually and as much as possible, without prejudice. I am not talking about just for the sake of rebellion, however in a circumspect manner, and with attempt to understand why there is such an imposition. Certainly on me this question imposes a bit of substantial difficulty as a layman, pushed into a bureaucratic process that I do not excel at. I am actually a public official in a small town, and do see at times process created that I believe does not serve the public interest.

Sorry for the small rant. I just wish to get through this.

It seems that I should dig back 20 years and find the papers. It will definitely slow things down and probably cost some money.

Should I include a letter explaining the circumstance? If explained I believe it would be favorable, as I had just broken ground on a family home and did follow through. I am pretty unsure how to proceed. There was some issue with the mom physically attacking me at times, although it feels pretty silly as an adult man expressing that. There were continual bizarre verbal assaults as well She had been diagnosed with borderline personality disorder, she ended up being pretty impossible to deal with and I was later granted custody after proving my responsible nature.

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Child neglect is one that needs to be disclosed. You will need to track down any and all documentation you can from that case.

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.

This is great info.

KDC shouldn't it be possible & necessary to obtain from the court the case docs or a letter indicating they aren't available ? I think that's all a lawyer would do.

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Yes as far as what exactly I am asking, it is obviously for most of us that have confusion over these issues. How in this situation do I gather and present all paperwork so that I can make a successful application? I appreciate those who have knowledge, as I have little in my current circumstance. This is awkward for me, I am asking for help in an area where I was found to be wrong/guilty in a civil matter. I find the paperwork to be pretty invasive, however, I understand some of the reasons such as human trafficking and continuing child abuse. I do not find abuse or neglect acceptable and plead not guilty in the case. I am just looking for the easiest path to a successful outcome. I believe it is totally acceptable to question my government while in any governmental process. We should all question the value of process imposed on us continually and as much as possible, without prejudice. I am not talking about just for the sake of rebellion, however in a circumspect manner, and with attempt to understand why there is such an imposition. Certainly on me this question imposes a bit of substantial difficulty as a layman, pushed into a bureaucratic process that I do not excel at. I am actually a public official in a small town, and do see at times process created that I believe does not serve the public interest.

Sorry for the small rant. I just wish to get through this.

It seems that I should dig back 20 years and find the papers. It will definitely slow things down and probably cost some money.

Should I include a letter explaining the circumstance? If explained I believe it would be favorable, as I had just broken ground on a family home and did follow through. I am pretty unsure how to proceed. There was some issue with the mom physically attacking me at times, although it feels pretty silly as an adult man expressing that. There were continual bizarre verbal assaults as well She had been diagnosed with borderline personality disorder, she ended up being pretty impossible to deal with and I was later granted custody after proving my responsible nature.

There are other members such as KDC that will have the best advise in such a matter I think.

Whatever took place so many years ago is behind you I am sure. However I think you will find there is a document from the court indicating the closing of the case. My husbands case was more than 20 years old but they found it in 10 minutes but it was a different type of case. There was a small fee to locate & print those docs but not too much.

I do not think its a good idea to explain to anyone what took place. You were charged, punished I assume & resumed your life including raising the child. Seems the whole sad affair was born out of a mental disorder identified by the court when it gave you custody.

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In your first post you've stated:

"I was found guilty in a civil case"

A civil case is not a criminal conviction. You'll need to clarify, and that will mean being accurate with the terms you use. In a civil case you are not found "guilty", you are held to be liable. So the statement you've made is contradictory. The distinction between civil and criminal cases is important because the form asks

"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
."

If you were prosecuted by some part of the state (or Feds) then its likely criminal. If another private party took you to court (eg to obtain custody) then most probably it was a civil matter.

If it was a civil matter, and the form asks only for criminal offenses then no need to mention it at all.

Edited by Limey

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It was not a criminal case. I am sorry for the confusion. This was a very long time ago, and my memory of it is not pristine. It was a civil case. I did not end up with a criminal record. In my imperfect memory I remember a negative verdict. It was prosecuted by the State of Colorado however. I was found to be whatever is the equivalent of guilty in a non-criminal case. I am expressing things as clearly as I am able. This is the help I am looking for. It would be really fantastic if I didn't have trace down and rehash very ancient history. I am looking for some of the court papers in my files and so far I have found only the custody order that states me as the sole custodian. It does have the case number.

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It was not a criminal case. I am sorry for the confusion. This was a very long time ago, and my memory of it is not pristine. It was a civil case. I did not end up with a criminal record. In my imperfect memory I remember a negative verdict. It was prosecuted by the State of Colorado however. I was found to be whatever is the equivalent of guilty in a non-criminal case. I am expressing things as clearly as I am able. This is the help I am looking for. It would be really fantastic if I didn't have trace down and rehash very ancient history. I am looking for some of the court papers in my files and so far I have found only the custody order that states me as the sole custodian. It does have the case number.

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Although there is a little confusion in the language, as near as I can make out and as I am being advised here, this is my most truthful conclusion so far. I am reading all over the net that there is no such thing as a civil conviction. The form is faulty. I have no criminal issues and they mention crimes multiple times. It does say (civil or criminal) which confuses things. If I answer 2a with yes and the point is to be absolutely truthful, I would have to check the box on 3c also because there was violence toward me as well as extreme cruelty. There is no statement I can see that says I should give them documents. It would be strange to provide them with a date of conviction and documents about it, as there technically was none. I am somewhat inclined to give docs I have on hand and description of outcome, though still unsure.

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Although there is a little confusion in the language, as near as I can make out and as I am being advised here, this is my most truthful conclusion so far. I am reading all over the net that there is no such thing as a civil conviction. The form is faulty. I have no criminal issues and they mention crimes multiple times. It does say (civil or criminal) which confuses things. If I answer 2a with yes and the point is to be absolutely truthful, I would have to check the box on 3c also because there was violence toward me as well as extreme cruelty. There is no statement I can see that says I should give them documents. It would be strange to provide them with a date of conviction and documents about it, as there technically was none. I am somewhat inclined to give docs I have on hand and description of outcome, though still unsure.

I just found this on oxford dictionary website. This appears to be the correct definition. Can I get some consensus on this definition? It would free me to move on from this issue.

civil conviction

Syllabification: civ·il con·vic·tion
Definition of civil conviction in English: noun
(In military use) a current or former criminal conviction, under civil law, of an enlisted person.

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