juvenile charges please help!!

[pushbrk 12,212]

I'm righ Unless it was a family member you battered, it doesn't. So did you beat up your wife, mother, sister, brother, father or girlfriend? If not, no problem. If so, you may get an RFE.

The answer is not that simple.

From the instructions:

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.

Yes, I previously advised the OP to carefully read those instructions to determine whether the conviction fit. It's unclear whether he comprehended anything except that a guilty plea is a conviction. Since the petition is already filed, there's really nothing he can do now except try to determine if the answer was correct.

Well unless the OP (or you or I for that matter) happens to be an attorney in his state of residence, it's not likely he or we can determine whether the convictions fits the definition or not.

Admitting one does not know the exact answer is a healthy thing.

In lieu of that ability, not posting an answer in the first place is another option.

Sure, but in this case, I endeavored several times to help the OP determine the answer for himself. This is because he has not divulged enough information to for anybody to answer for him.

Did you bother to read the thread before nit-picking?

Edited February 21, 2009 by pushbrk

[Old Dominion 26]

I pleaded guilty to a misdemeanor battery when i was 17, which i was still a juvenile at the time. I am now 25, and today i went into the Juvenile Probation Department to ask some questions reguarding my record. This lady who works there told me i have two charges on my record, one is misdemeanor battery which i pleaded guilty, and the other one was assult with a deadly weapon but were dropped and never found guilty for it. The lady told me that the charge that i pleaded guilty to is called TRUTH, its not called Convicted because i was still a juvenile. Its only called Convicted if im an adult which is 18 and up. In the paperwork i filed for my k1 asked if i ever been convicted of a crime, i checked No. So did i do it right? is it going to be a denial for my k1? what do you think going to happen? i am so worried please help

I think you did the right thing by including this conviction. Being honest will not count against you, so long as you provide the details if you are asked.

[pushbrk 12,212]

I pleaded guilty to a misdemeanor battery when i was 17, which i was still a juvenile at the time. I am now 25, and today i went into the Juvenile Probation Department to ask some questions reguarding my record. This lady who works there told me i have two charges on my record, one is misdemeanor battery which i pleaded guilty, and the other one was assult with a deadly weapon but were dropped and never found guilty for it. The lady told me that the charge that i pleaded guilty to is called TRUTH, its not called Convicted because i was still a juvenile. Its only called Convicted if im an adult which is 18 and up. In the paperwork i filed for my k1 asked if i ever been convicted of a crime, i checked No. So did i do it right? is it going to be a denial for my k1? what do you think going to happen? i am so worried please help

I think you did the right thing by including this conviction. Being honest will not count against you, so long as you provide the details if you are asked.

He didn't include it. He (actually his sister who helped him) checked "no". Further, we don't know if this conviction fits the description in the I-129F questions or not. Not all "convictions" need be disclosed or require a "yes" answer to questions on the I-129F. Only certain conviction categories are asked about.

[rebeccajo 14]

Did you bother to read the thread before nit-picking?

Nit-picking is sometimes necessary.

Or as you say, the devil is in the details.

[pushbrk 12,212]

Did you bother to read the thread before nit-picking?

Nit-picking is sometimes necessary.

Or as you say, the devil is in the details.

So, "No" would be your answer then? Yes, the devil is both in the details AND in reading everything applicable before answering. Nit-picking is damn necessary sometimes. Reading and understanding the available applicable information is always necessary to avoid foolish mistakes.

[r0yalflush 0]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

[pushbrk 12,212]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

Now it's clear the correct answer was yes, instead of no. Chances are, if anything, you'll get an RFE. I'd be prepared with a copy of the records. IMBRA is all about informing the beneficiary, not about denying petitions.

[r0yalflush 0]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

Now it's clear the correct answer was yes, instead of no. Chances are, if anything, you'll get an RFE. I'd be prepared with a copy of the records. IMBRA is all about informing the beneficiary, not about denying petitions.

Thank you very much sir! I was so worried about it getting denied. Now i know that i will be getting an RFE requesting court records, what a rellief for me.

Edited February 21, 2009 by r0yalflush

[rebeccajo 14]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

Now it's clear the correct answer was yes, instead of no. Chances are, if anything, you'll get an RFE. I'd be prepared with a copy of the records. IMBRA is all about informing the beneficiary, not about denying petitions.

Thank you very much sir! I was so worried about it getting denied. Now i know that i will be getting an RFE requesting court records, what a rellief for me.

Isn't the query into the background of the Petitioner at the NVC stage?

If recollection serves me I believe that is correct.

If so, at that point the petition is already approved. If a discrepancy is discovered regards the criminal background of the petitioner, I think it is more likely the petition would be returned to the Service Center.

[pushbrk 12,212]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

Now it's clear the correct answer was yes, instead of no. Chances are, if anything, you'll get an RFE. I'd be prepared with a copy of the records. IMBRA is all about informing the beneficiary, not about denying petitions.

Thank you very much sir! I was so worried about it getting denied. Now i know that i will be getting an RFE requesting court records, what a rellief for me.

Isn't the query into the background of the Petitioner at the NVC stage?

If recollection serves me I believe that is correct.

If so, at that point the petition is already approved. If a discrepancy is discovered regards the criminal background of the petitioner, I think it is more likely the petition would be returned to the Service Center.

Name checks on the petitioner are performed at the service center, at NVC and potentially ordered by the Consulate. Since IMBRA went into effect, USCIS service centers are required to verify whether the yes or no questions about criminal convictions have been answered accurately and whether applicable records have been supplied, as part of petition adjudication. We've seen more than one RFE for people who either answered incorrectly or failed to answer.

Approval without an RFE, is also a possibility in the OP's case. While we now have enough information to know the correct answer was yes and the court records should have been supplied, we cannot be sure of either what the adjudicator will see or decide based on what they see.

[r0yalflush 0]

I will explain in details about what happpened. I was still a juvenile at the time. One day my ex gf and i was arguing, she slapped me, then as a reaction, i slapped her back. But it wasn't hard at all. We were in the same high school together at the time. One day we were arguing during lunch time, and the counselor saw us. He saw that she was crying so he invited her into his office to talk. She then told him about that incident which happened a month before that day. Next thing i know, i had to go to court and admitted that i slapped her. I even told the judge that she slapped me first, but he doesn't cared. I got charged with Mnor Battery, so i did community service, probabtion and more to closed that case. Hell i had to paid for the biggest mistake in my life. Another mistake was to let my sister filed the I-129F without in informing me about this section, and how important it is. I don't think she knows how important it was since she passed her background check easily because she never dealt with the police or court before. However, i am praying that i will get an RFE requesting court records instead of a denial.

Now it's clear the correct answer was yes, instead of no. Chances are, if anything, you'll get an RFE. I'd be prepared with a copy of the records. IMBRA is all about informing the beneficiary, not about denying petitions.

Thank you very much sir! I was so worried about it getting denied. Now i know that i will be getting an RFE requesting court records, what a rellief for me.

Isn't the query into the background of the Petitioner at the NVC stage?

If recollection serves me I believe that is correct.

If so, at that point the petition is already approved. If a discrepancy is discovered regards the criminal background of the petitioner, I think it is more likely the petition would be returned to the Service Center.

Name checks on the petitioner are performed at the service center, at NVC and potentially ordered by the Consulate. Since IMBRA went into effect, USCIS service centers are required to verify whether the yes or no questions about criminal convictions have been answered accurately and whether applicable records have been supplied, as part of petition adjudication. We've seen more than one RFE for people who either answered incorrectly or failed to answer.

Approval without an RFE, is also a possibility in the OP's case. While we now have enough information to know the correct answer was yes and the court records should have been supplied, we cannot be sure of either what the adjudicator will see or decide based on what they see.

i got my NOA1 since 9-9-2008 and still havent heard anything from them, not even a touch. I've seen so many people who filed their I-129F got their approval long time ago.