I-129F Question about Criminal History

[kylejb 0]

Ok, the question about being convicted of anything. I am the USC and have NEVER been convicted of anything. However, 16 years ago, I accepted a suspended sentence and was on probation for 5 years. It was during a divorce and I had to do something to not lose custody of my kids. The probabtion ended without incident. So I did a records check on myself and I have a signed piece of paper with the state seal on it from then saying NO CONVICTIONS. I went just the other day and did another records checks on myself and got the same result. NO CONVICTIONS. So I sent in the form and marked no convictions. Because that is what BOTH of these papers say, and that is my impression of the quesiton. Have I ever been convicted. Does not ask if I have ever been on probation or received a suspended sentence. So I am not trying to hide anything, I just thought I was answering truthfully as it asked have I ever been convicted.

So, I am wondering when whoever does a records check, will they show up something different? Will they see that I had a suspended sentence and think I am lying about the fact that I WAS NEVER CONVICTED? I am worried now. I am not sure what to think or do.

Anyone that can lend any advice, please do so. Thank you.

[JimVaPhuong 4,863]

Someone else had a similar situation last week.

The fact is that you were convicted. You don't get probation if you're found not guilty. In your case, your record was cleared when you completed the probation.

The courthouse is not the only government agency that keeps records of convictions. The FBI does, as well as other agencies. Having your record cleared at the courthouse does not necessarily result in the record being cleared with all other government agencies. So, it is possible that USCIS could find out about your conviction.

The USCIS regulations are pretty clear - you have to reveal any IMBRA related convictions, even if you've been subsequently cleared or had your record expunged. Read the instructions for the I-129F:

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 such conviction. This is required 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.

Now, the question is whether your crime falls under the IMBRA. What were you convicted of?

[Gary and Alla 3,694]

Ok, the question about being convicted of anything. I am the USC and have NEVER been convicted of anything. However, 16 years ago, I accepted a suspended sentence and was on probation for 5 years. It was during a divorce and I had to do something to not lose custody of my kids. The probabtion ended without incident. So I did a records check on myself and I have a signed piece of paper with the state seal on it from then saying NO CONVICTIONS. I went just the other day and did another records checks on myself and got the same result. NO CONVICTIONS. So I sent in the form and marked no convictions. Because that is what BOTH of these papers say, and that is my impression of the quesiton. Have I ever been convicted. Does not ask if I have ever been on probation or received a suspended sentence. So I am not trying to hide anything, I just thought I was answering truthfully as it asked have I ever been convicted.

So, I am wondering when whoever does a records check, will they show up something different? Will they see that I had a suspended sentence and think I am lying about the fact that I WAS NEVER CONVICTED? I am worried now. I am not sure what to think or do.

Anyone that can lend any advice, please do so. Thank you.

If you received probation, you WERE convicted (or plead guilty, same thing). Perhaps you are confusing the word "convicted" with "imprisoned".

Your record was cleared as part of the agreement of your sentence, but be aware USCIS has access to ALL records even if they have been "erased"

Yes, they will show up something different and if you answered "NO' it can be considered a "material misrepresentation". If you are lucky, they will RFE you for your police and court documents and maybe understand you made an error. If not they will deny the petition and bar you fro seeking any others.

[daboyz 36]

All this is for, is to tell the beneficiary about your history. So just be honest about it. If you were convicted, put it on the form. If you were not convicted don't disclose it.

[kylejb 0]

All this is for, is to tell the beneficiary about your history. So just be honest about it. If you were convicted, put it on the form. If you were not convicted don't disclose it.

Yes, she knows about it. I told her about it.

I was just going by the NO CONVICTIONS paper I have. Like I said, I guess I was looking at it literally. So, now what do I do? Do I send this paper to them? Do I wait and see what they say? I was not trying to hide anything. I know what your saying about BEING convicted, but the paper literally says NO CONVICTIONS on it. So, that is what I was going by. Not trying to hide anything from anyone. Just stating what it says.

So, I wonder if I should send this to them or not? Is it to late to send it?

[Gary and Alla 3,694]

All this is for, is to tell the beneficiary about your history. So just be honest about it. If you were convicted, put it on the form. If you were not convicted don't disclose it.

Yes, she knows about it. I told her about it.

I was just going by the NO CONVICTIONS paper I have. Like I said, I guess I was looking at it literally. So, now what do I do? Do I send this paper to them? Do I wait and see what they say? I was not trying to hide anything. I know what your saying about BEING convicted, but the paper literally says NO CONVICTIONS on it. So, that is what I was going by. Not trying to hide anything from anyone. Just stating what it says.

So, I wonder if I should send this to them or not? Is it to late to send it?

A number of options but DO NOT send anything without hearing from them first, it goes in the black hole if you do.

1. The conviction is for soemthing they do not care (or ask) about in which case it is a non-issue except they would inform your fiancee at the interview.

2. You get an RFE for your court records, you provide them and all is OK

3. You get into some more complicated issues and explain it was an error since you have this "no convictions" paper and basically say what you said here.

It depends on what the conviction was for, really. if it is an IMBRA issue, they will want to see your court records

[kylejb 0]

I know the difference between convicted and imprisoned. I have never sent 1 hour in jail. I am just saying EXACTLY what is on the paper. That is all. And like I said, I went on Friday and did a records check on myself and got the same thing. It has the state seal on it, and it is stamped at the top NO CONVICTIONS. So yes, I know what everyone is saying. I just hope that the USCIS or whoever doesn't think I was lying and gives me a chance to send them theses documents.

I wish I had sent them to begin with, but it was 16 years ago and I didn't think anything of it really.. until now.

Ok, the question about being convicted of anything. I am the USC and have NEVER been convicted of anything. However, 16 years ago, I accepted a suspended sentence and was on probation for 5 years. It was during a divorce and I had to do something to not lose custody of my kids. The probabtion ended without incident. So I did a records check on myself and I have a signed piece of paper with the state seal on it from then saying NO CONVICTIONS. I went just the other day and did another records checks on myself and got the same result. NO CONVICTIONS. So I sent in the form and marked no convictions. Because that is what BOTH of these papers say, and that is my impression of the quesiton. Have I ever been convicted. Does not ask if I have ever been on probation or received a suspended sentence. So I am not trying to hide anything, I just thought I was answering truthfully as it asked have I ever been convicted.

So, I am wondering when whoever does a records check, will they show up something different? Will they see that I had a suspended sentence and think I am lying about the fact that I WAS NEVER CONVICTED? I am worried now. I am not sure what to think or do.

Anyone that can lend any advice, please do so. Thank you.

If you received probation, you WERE convicted (or plead guilty, same thing). Perhaps you are confusing the word "convicted" with "imprisoned".

Your record was cleared as part of the agreement of your sentence, but be aware USCIS has access to ALL records even if they have been "erased"

Yes, they will show up something different and if you answered "NO' it can be considered a "material misrepresentation". If you are lucky, they will RFE you for your police and court documents and maybe understand you made an error. If not they will deny the petition and bar you fro seeking any others.

[thepizzadude 26]

I know the difference between convicted and imprisoned. I have never sent 1 hour in jail. I am just saying EXACTLY what is on the paper. That is all. And like I said, I went on Friday and did a records check on myself and got the same thing. It has the state seal on it, and it is stamped at the top NO CONVICTIONS. So yes, I know what everyone is saying. I just hope that the USCIS or whoever doesn't think I was lying and gives me a chance to send them theses documents.

I wish I had sent them to begin with, but it was 16 years ago and I didn't think anything of it really.. until now.

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 such conviction. This is required 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.

Whatever you are interpreting as EXACTLY on your paper is fine. But what you need to worry about is WHAT is interpreted by USCIS and the Immigration Services...maybe you missed the above bold words which are the ones you REALLY need to interpret LITERALLY. This means literally it does not matter what paper you have or what anyone else told you matters, period. It is very clear if you were on PROBATION you were convicted of something. They do not put you on probation for nothing. Sorry to be so blunt but this is the real truth of the matter.

Good luck to you, I hope that the conviction was for nothing that can be held against you in the process.

[kylejb 0]

Well, then the paper is a lie then. I don't know how else to look at it. When I went to the state police and do a records check and it comes back clean, then what am I supposed to think? That it is wrong? I don't know.

I know you what you are saying, but it is really screwed up. And Yes, they do put people on probabtion for nothing. All I can say is what I have and what I read. Like I said, the STATE POLICE tell me that I have no convictions. SO, when I read that bold sentence your talking about, I read it as "If I was convicted but had my record cleared." Well, I wasn't convicted. I don't know... I guess there is nothing I can do now except wait. It has already been sent in, and I do have an immigration attorney, so I guess I will overnight these papers to her, and if they deny it, then we can appeal, and I can explain why I checked the box as no. I am only going by what the STATE POLICE records show. Not what someone said, but what an ACTUAL records check shows... that is all.

I just hope that I get the chance to explain it, if it does come up. That they will give me the opportunity. I am not trying to hide anything as my financee already knows, I just didn't think anything about it. I try to put that 16 years of stuff behind me.. but it haunts me once again.

I know the difference between convicted and imprisoned. I have never sent 1 hour in jail. I am just saying EXACTLY what is on the paper. That is all. And like I said, I went on Friday and did a records check on myself and got the same thing. It has the state seal on it, and it is stamped at the top NO CONVICTIONS. So yes, I know what everyone is saying. I just hope that the USCIS or whoever doesn't think I was lying and gives me a chance to send them theses documents.

I wish I had sent them to begin with, but it was 16 years ago and I didn't think anything of it really.. until now.

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 such conviction. This is required 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.

Whatever you are interpreting as EXACTLY on your paper is fine. But what you need to worry about is WHAT is interpreted by USCIS and the Immigration Services...maybe you missed the above bold words which are the ones you REALLY need to interpret LITERALLY. This means literally it does not matter what paper you have or what anyone else told you matters, period. It is very clear if you were on PROBATION you were convicted of something. They do not put you on probation for nothing. Sorry to be so blunt but this is the real truth of the matter.

Good luck to you, I hope that the conviction was for nothing that can be held against you in the process.

[thepizzadude 26]

Kyle,

Read these links...maybe they will help

http://dictionary.reference.com/browse/expunged

http://ask.reference.com/web?q=Expunging+C...dir&o=10601

http://searchwarp.com/swa58518.htm

[Gary and Alla 3,694]

Well, then the paper is a lie then. I don't know how else to look at it. When I went to the state police and do a records check and it comes back clean, then what am I supposed to think? That it is wrong? I don't know.

I know you what you are saying, but it is really screwed up. And Yes, they do put people on probabtion for nothing. All I can say is what I have and what I read. Like I said, the STATE POLICE tell me that I have no convictions. SO, when I read that bold sentence your talking about, I read it as "If I was convicted but had my record cleared." Well, I wasn't convicted. I don't know... I guess there is nothing I can do now except wait. It has already been sent in, and I do have an immigration attorney, so I guess I will overnight these papers to her, and if they deny it, then we can appeal, and I can explain why I checked the box as no. I am only going by what the STATE POLICE records show. Not what someone said, but what an ACTUAL records check shows... that is all.

I just hope that I get the chance to explain it, if it does come up. That they will give me the opportunity. I am not trying to hide anything as my financee already knows, I just didn't think anything about it. I try to put that 16 years of stuff behind me.. but it haunts me once again.

I know the difference between convicted and imprisoned. I have never sent 1 hour in jail. I am just saying EXACTLY what is on the paper. That is all. And like I said, I went on Friday and did a records check on myself and got the same thing. It has the state seal on it, and it is stamped at the top NO CONVICTIONS. So yes, I know what everyone is saying. I just hope that the USCIS or whoever doesn't think I was lying and gives me a chance to send them theses documents.

I wish I had sent them to begin with, but it was 16 years ago and I didn't think anything of it really.. until now.

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 such conviction. This is required 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.

Whatever you are interpreting as EXACTLY on your paper is fine. But what you need to worry about is WHAT is interpreted by USCIS and the Immigration Services...maybe you missed the above bold words which are the ones you REALLY need to interpret LITERALLY. This means literally it does not matter what paper you have or what anyone else told you matters, period. It is very clear if you were on PROBATION you were convicted of something. They do not put you on probation for nothing. Sorry to be so blunt but this is the real truth of the matter.

Good luck to you, I hope that the conviction was for nothing that can be held against you in the process.

The paper is not a "lie". It is a court negotiated agreement. They gave you probation, they said if you were a good boy they would "take this off your record" so if anyone in private business, say for a job background check, looks into it, you appear clear. You met your part of the bargain, they met theirs. There is no "lie" about it. This does NOT remove the fact you were convicted and the instructions are very clear that you must give this information even if it was "removed" from your record. I do not how it could be more clear than presented on the I-129f.

Now, if the crime was not one of those asked about, it is a non-issue. If it IS one of those asked about it WILL be an issue.

[pushbrk 12,221]

Ok, the question about being convicted of anything. I am the USC and have NEVER been convicted of anything. However, 16 years ago, I accepted a suspended sentence and was on probation for 5 years. It was during a divorce and I had to do something to not lose custody of my kids. The probabtion ended without incident. So I did a records check on myself and I have a signed piece of paper with the state seal on it from then saying NO CONVICTIONS. I went just the other day and did another records checks on myself and got the same result. NO CONVICTIONS. So I sent in the form and marked no convictions. Because that is what BOTH of these papers say, and that is my impression of the quesiton. Have I ever been convicted. Does not ask if I have ever been on probation or received a suspended sentence. So I am not trying to hide anything, I just thought I was answering truthfully as it asked have I ever been convicted.

So, I am wondering when whoever does a records check, will they show up something different? Will they see that I had a suspended sentence and think I am lying about the fact that I WAS NEVER CONVICTED? I am worried now. I am not sure what to think or do.

Anyone that can lend any advice, please do so. Thank you.

There is no question about "being convicted of anything". There are questions about whether you have convictions for specific crimes. If you do, you answer yes. An expunged record is not available to most sources that would do a records check but it IS available for immigration purposes. Unless your conviction (yes it was a conviction) is listed specifically, just answer no and get on with your life. If it IS listed, answer yes and follow the instructions. IMBRA is about providing information to the foreign fiance(e) not denying petitions or visas.

[rebeccajo 14]

It sounds like he plead out to a lesser sentence.

What that sentence was determines whether or not he has an IMBRA issue.

[pushbrk 12,221]

It sounds like he plead out to a lesser sentence.

What that sentence was determines whether or not he has an IMBRA issue.

Sort of. The sentence was for a conviction, so it depends on the name of the crime for which the sentence was imposed. One must read the question carefully and interpret it literally, then answer accurately. In some cases, consulting with an attorney is needed to accomplish that.

[rebeccajo 14]

"A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases."

http://www.nolo.com/definition.cfm/Term/32...194F0B/alpha/P/

Edited May 24, 2009 by rebeccajo