K-1 and Class A Misdemeanor charge.

[yoyoma 0]

I have a Class A Misdemeanor charge. And this was a assault charge in 1992 and the case was dismissed. I wonder if this will count against me, even I submitted all the recordrequired on I-129f form. I want to know if anyone like me or how they deal with it.

Edited May 14, 2009 by yoyoma

[sj5 4]

It's dismissed. Why would they count it against you for?

[yoyoma 0]

I pleaded no contest and put on defer adjudication. I completed and the case was dismissed but the record still show that I was arrested for assault.

[Bobby+Umit 161]

If it was dismissed and you have records showing that, then your covered.

[Teetur 0]

If it was dismissed and you have records showing that, then your covered.

Would you have to include these records with your petition? Or is it something the USCIS can see in their system, and there is no need to include this information?

[yoyoma 0]

I guess I have to go down courthouse to pick up this document to sent in along with my I-129f. Thanks you guy.

[JimVaPhuong 4,864]

I pleaded no contest and put on defer adjudication. I completed and the case was dismissed but the record still show that I was arrested for assault.

First, only some types of assault need to be reported on the I-129F, such as domestic violence and sexual assault. If you got in a bar fight or had a tangle with a buddy then it probably doesn't need to be reported. The I-129F is mostly concerned with crimes that might put your foreign fiancee at risk.

You're caught in a gray area of the law. Under Texas law, your plea agreement is not supposed to be treated as a conviction because you successfully completed the terms of your DA probation and your charges were dismissed. However, many institutions, public and private, do not follow the guidance of the Texas laws, and they consider the fact that you were required to enter a plea bargain and given a probation term to be a "conviction". Also, under Texas law, the records of your having been charged and the resulting DA probation WILL stay on your criminal record for life. There HAVE been cases of immigrants in New York being deported because USCIS considered their DA probation to be a conviction, even though they obeyed the terms of their probation and their charges were ultimately dismissed by a judge.

http://www.nycbar.org/pdf/report/Immigration.pdf

The instructions on the I-129F says that IMBRA relevant crimes needs to be reported "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."

You really need to talk to a lawyer about this.

[johncali9 6]

Hey friend

Do Not say nothing it is ok ,Just say no that is

[john & jean 37]

Hey friend

Do Not say nothing it is ok ,Just say no that is

obviously you have not seen the NOOB thread.......

[Krikit 1,166]

Hey friend

Do Not say nothing it is ok ,Just say no that is

If the crime falls within the parameters of the USCIS guidelines and instructions then it must be reported.

[Gary and Alla 3,696]

I have a Class A Misdemeanor charge. And this was a assault charge in 1992 and the case was dismissed. I wonder if this will count against me, even I submitted all the recordrequired on I-129f form. I want to know if anyone like me or how they deal with it.

They may no about it and inform your fiancee of it at the interview. A dismissed charge will not affect issuing the visa but if the areest and charge comes up in your background check they will tell the fiancee.

Be sure you tell your fiancee about this, better you than a CO at the interview

[Hell0W0rld 10]

I have a Class A Misdemeanor charge. And this was a assault charge in 1992 and the case was dismissed. I wonder if this will count against me, even I submitted all the recordrequired on I-129f form. I want to know if anyone like me or how they deal with it.

They may no about it and inform your fiancee of it at the interview. A dismissed charge will not affect issuing the visa but if the areest and charge comes up in your background check they will tell the fiancee.

Be sure you tell your fiancee about this, better you than a CO at the interview

Edited May 14, 2009 by HelloWorld08

[Ed+Cindy 1]

I have a Class A Misdemeanor charge. And this was a assault charge in 1992 and the case was dismissed. I wonder if this will count against me, even I submitted all the recordrequired on I-129f form. I want to know if anyone like me or how they deal with it.

A dismissed charge will not count against you.

(I was arrested and charged with a misdermeanor in 2002. It was dismissed in court. It did not affect anything, except the arrest record may flag you for secondary security checks).

A lot of the advice given above is incorrect. There is nothing to do on the I-129F because you were not 'convicted'. They only care about convictions. You do not need to mention anything on the I-129F about this.

Edited May 14, 2009 by Ed+Cindy

[Ed+Cindy 1]

The instructions on the I-129F says that IMBRA relevant crimes needs to be reported "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."

You really need to talk to a lawyer about this.

This is incorrect. Being arrested does not mean you committed a crime. Being convicted means you committed a crime. Anyone can be arrested and charged with anything a police officers feels like. That does not indicate you did it. You must be convicted of the crime.

He doesn't need a lawyer or need to do anything at all. A dismissed case means he committed no crime.

[JimVaPhuong 4,864]

The instructions on the I-129F says that IMBRA relevant crimes needs to be reported "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."

You really need to talk to a lawyer about this.

This is incorrect. Being arrested does not mean you committed a crime. Being convicted means you committed a crime. Anyone can be arrested and charged with anything a police officers feels like. That does not indicate you did it. You must be convicted of the crime.

He doesn't need a lawyer or need to do anything at all. A dismissed case means he committed no crime.

You should read the rest of my post. Deferred Adjudication (DA) is not the same thing as "dismissed". It's a plea agreement, where the defendant agrees to plead either guilty or no contest in return for probation. If they complete their probation, then the charges are dismissed, and it isn't entered into their criminal record as a conviction. He wasn't simply arrested and then the charges were dismissed. He was arrested, entered a plea of no contest, found guilty, and punished.

The problem is that the federal government HAS viewed a DA as a conviction. See the New York Bar report that I linked to. USCIS has deported people for having a DA on their records. Look specifically at the wording in the USCIS instructions "otherwise cleared". His conviction was pending until he completed his probation, and then it was "cleared". The IMBRA also requires the reporting of convictions which have been expunged. I don't see how this any different, and apparently neither does USCIS.

If the assault was not one of the types described under the IMBRA then the whole question is moot - it doesn't have to be reported on the I-129F.