I-129F Question about Criminal History

[couple0426 0]

Well from what I can remember on our papers I filled out. It only ask about felony convictions and also about certain types. so if you were not convicted of felony charges dont worry about it. Good luck

[rebeccajo 14]

*scratches head*

If a criminal case is dismissed, I'm not sure it would be considered at all the same as a conviction - USCIS viewpoint or not. Unless it was dismissed with prejudice..............

I'd love to see lawyers weigh in on this one. Too bad we don't have any that post here.

[JimVaPhuong 4,864]

*scratches head*

If a criminal case is dismissed, I'm not sure it would be considered at all the same as a conviction - USCIS viewpoint or not. Unless it was dismissed with prejudice..............

I'd love to see lawyers weigh in on this one. Too bad we don't have any that post here.

Ok, here's a lawyer weighing in:

http://www.arctec.com/imbra.html

I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?

Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.

The poster the other day said he received a deferred adjudication, and was specifically told when he completed his probation that his case was "dismissed".

Even though the state considers the charges to have been dismissed after the alternative sentence has been completed, USCIS does not. The conviction became "real" when the defendant was given the alternative sentence. USCIS is clear that it doesn't matter if the conviction was subsequently dismissed, expunged, or cleared. Unless it was overturned on appeal, I think it needs to be disclosed.

[rebeccajo 14]

*scratches head*

If a criminal case is dismissed, I'm not sure it would be considered at all the same as a conviction - USCIS viewpoint or not. Unless it was dismissed with prejudice..............

I'd love to see lawyers weigh in on this one. Too bad we don't have any that post here.

Ok, here's a lawyer weighing in:

http://www.arctec.com/imbra.html

I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?

Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.

The poster the other day said he received a deferred adjudication, and was specifically told when he completed his probation that his case was "dismissed".

Even though the state considers the charges to have been dismissed after the alternative sentence has been completed, USCIS does not. The conviction became "real" when the defendant was given the alternative sentence. USCIS is clear that it doesn't matter if the conviction was subsequently dismissed, expunged, or cleared. Unless it was overturned on appeal, I think it needs to be disclosed.

Very good. That's excellent.

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

Edited May 24, 2009 by rebeccajo

[payxibka 10,048]

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

In that situation there is no "conviction"... I assume we are still considered innocent until proven guilty (as long as we do not plea to a lesser or alternative charge)...

[daboyz 36]

I think the whole point is to disclose past criminal history to the beneficiary. So as long as he/she knows about the past history, it is not a problem.

[rebeccajo 14]

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

In that situation there is no "conviction"... I assume we are still considered innocent until proven guilty (as long as we do not plea to a lesser or alternative charge)...

Yeah.

I really don't think we can advise our OP too much with certainty. There's so much about his case that makes me wonder what really happened. There are times when innocent people take a plea or lesser charges just to get something 'out of the way' if they have other stuff going on in their lives - or if they have poor representation. The OP states he was able to get himself removed from the sexual offenders list because he was improperly placed on it. Makes me wonder if there was something improper or inaccurate about the charges levied against him.

[payxibka 10,048]

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

In that situation there is no "conviction"... I assume we are still considered innocent until proven guilty (as long as we do not plea to a lesser or alternative charge)...

Yeah.

I really don't think we can advise our OP too much with certainty. There's so much about his case that makes me wonder what really happened. There are times when innocent people take a plea or lesser charges just to get something 'out of the way' if they have other stuff going on in their lives - or if they have poor representation. The OP states he was able to get himself removed from the sexual offenders list because he was improperly placed on it. Makes me wonder if there was something improper or inaccurate about the charges levied against him.

maybe but that thought never crossed my mind.. to me a conviction is a conviction... however, to be placed on the "list" it takes a certain type of conviction.... he may have a conviction just not one that qualifies for placement on the "list".....

[JimVaPhuong 4,864]

*scratches head*

If a criminal case is dismissed, I'm not sure it would be considered at all the same as a conviction - USCIS viewpoint or not. Unless it was dismissed with prejudice..............

I'd love to see lawyers weigh in on this one. Too bad we don't have any that post here.

Ok, here's a lawyer weighing in:

http://www.arctec.com/imbra.html

I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?

Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.

The poster the other day said he received a deferred adjudication, and was specifically told when he completed his probation that his case was "dismissed".

Even though the state considers the charges to have been dismissed after the alternative sentence has been completed, USCIS does not. The conviction became "real" when the defendant was given the alternative sentence. USCIS is clear that it doesn't matter if the conviction was subsequently dismissed, expunged, or cleared. Unless it was overturned on appeal, I think it needs to be disclosed.

Very good. That's excellent.

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

There are a lot of different kinds of "dismissal", but I think you're referring to the scenario where the judge dismisses the charges before a verdict is rendered. This sort of dismissal often happens at a pretrial hearing, when the judge determines there isn't sufficient evidence to bring the case to trial.

Without a verdict, I don't see how there could be a conviction. USCIS doesn't ask if you were ever charged with a relevant crime. They asked if you were convicted. Aside from some additional scrutiny in the case, revealing a relevant conviction shouldn't have any real effect on whether the visa is eventually granted. On the other hand, not revealing a relevant conviction that should have been revealed might be seen as an intentional misrepresentation.

If I were in the OP's shoes, I'd be making appointments for a consultation with every immigration lawyer within driving distance of my home, as well as a few on the internet. To me, this would be as serious as open heart surgery. I would want as many opinions as I could get.

[kylejb 0]

It was a real disaster. They should have never placed me on there. They changed the law AFTER my case was CLOSED. So then they went back and put me on there, 3 years after I was done with everything. That is when I got the civil rights attorney to have it removed. So yes, I won that case and it was removed. All this time I still had the piece of paper (which I can scan in) and it says no conviction.

So again, that is why I answered the way I did. If the state does not consider it a conviction, then why would the USCIS? I don't know. If I thought they would have, I would have NEVER answered no. I would have just told about it and been done. As I have said, my financee knows about it. It was 16 years ago and I just didn't think about it. I try to put that part of my life behind me. I am sure there are many many men who have been wrongly accused of things and not to lose custody of my children, do whatever it takes to make sure. Men do not get custody of children here. Everyone knows that. And especially 16 years ago. It was not common. And with false accusations over my head, well, I sacrificed my own well being to make sure I kept custody. I could not risk losing them. Yes, hindsight is 20/20. But there is nothing I can do about it. All I can say is that I prevailed in the end by having my name removed.

And at that time, I never knew I would be filing a K1 someday and fall in love with someone who doesn't live in the US. So if I would have known that, then maybe I would have done things differently. When you are in the fox hole, and bullets flying all around, sometimes you react and just try to do what you think is best. My boys were 3 and 5 at the time. I didn't want to lose them. The divorce was already 18 months in and 40K in debt. What was I to do? They were my #1 priority. It was one week AFTER the divorce that all this came about. So everything was fresh and still dramatic. It is what it is, and I paid dearly for it.

I am not on any list. Locally, nationaly, or anything. I have 2 pieces of paper, one dated 16 years ago, and one dated last week that both are stamped and sealed with the state embossed seal of no convictions. So I thought I was answering the question truthfully and honestly. I thought no conviction, meant no conviction. But who knows how they will view it.

Yes, I guess I could cancel it before they look at it, but they received it last week, so I don't know if it is to late or not. Maybe I should just take my chance and I can appeal if they turn it down and I can explain to them and send them the paper work that I have. How am I supposed to know how they are to look at it, when it says no conviction. It does not say adjudicated, it says NO CONVICTION. I can state the honest truth. They can call my financee or write her or whatever. She knows about it. I have nothing to hide. So I hope it is not to late. I hope that I have not screwed up what is my life. I just want the opportunity to explain, and I can send them everything that I have. I just don't want it to be denied as if I was trying to lie. I am not. I am sorry that I made this mistake, if in fact, it is one.

I really appreciate all the comments and advise I am seeing. It helps to just have others to talk about it with.

But what about a case dismissal?

I'm just wondering about all this because there are times when charges are wrongfully brought.

In that situation there is no "conviction"... I assume we are still considered innocent until proven guilty (as long as we do not plea to a lesser or alternative charge)...

Yeah.

I really don't think we can advise our OP too much with certainty. There's so much about his case that makes me wonder what really happened. There are times when innocent people take a plea or lesser charges just to get something 'out of the way' if they have other stuff going on in their lives - or if they have poor representation. The OP states he was able to get himself removed from the sexual offenders list because he was improperly placed on it. Makes me wonder if there was something improper or inaccurate about the charges levied against him.

maybe but that thought never crossed my mind.. to me a conviction is a conviction... however, to be placed on the "list" it takes a certain type of conviction.... he may have a conviction just not one that qualifies for placement on the "list".....

[kylejb 0]

This is what is on the WIKI:

A suspended imposition of sentence or s.i.s. is basically suspends a sentence. There is usually a duration put on the s.i.s. that is known as the probation. Usually a person has a s.i.s. when they plead guilty or plea bargain for a crime. Basically, the courts are seeing if a person can act better. If a person gets in trouble again during their probation period, then the court can punish the person for the crime that they committed previously. If the person does not get in trouble during their probation period, then the crime is forgiven and the person is not convicted.

If the defendant successfully completes probation, no sentence is ever actually ordered so an S.I.S. is not considered a ‘conviction’ for anything other than law enforcement purposes.

The I-129F does not ask about this. IT STATES CONVICTIONS. Again, that is what I read it as. And I read the part about disclosure as if I was convicted but had it erased. Well, again, I WAS NOT CONVICTED. So if I in fact was NOT CONVICTED, then do I need to disclose? I was not convicted and had it erased. I was never convicted.. even by the definition above.

So that is how I answered the question.. trying to be as truthful as possible. I am sorry if I screwed up. I just don't want it to cost me my future.

I am not and was not trying to hide anything. I would NEVER want to screw up all this money, time, and effect. Much less lose someone who I am very much in love with.

[daboyz 36]

Do this first:

http://www.visajourney.com/timeline/intro.php?cfl=

Otherwise you wont get much help.

[JimVaPhuong 4,864]

This is what is on the WIKI:

A suspended imposition of sentence or s.i.s. is basically suspends a sentence. There is usually a duration put on the s.i.s. that is known as the probation. Usually a person has a s.i.s. when they plead guilty or plea bargain for a crime. Basically, the courts are seeing if a person can act better. If a person gets in trouble again during their probation period, then the court can punish the person for the crime that they committed previously. If the person does not get in trouble during their probation period, then the crime is forgiven and the person is not convicted.

If the defendant successfully completes probation, no sentence is ever actually ordered so an S.I.S. is not considered a ‘conviction’ for anything other than law enforcement purposes.

The I-129F does not ask about this. IT STATES CONVICTIONS. Again, that is what I read it as. And I read the part about disclosure as if I was convicted but had it erased. Well, again, I WAS NOT CONVICTED. So if I in fact was NOT CONVICTED, then do I need to disclose? I was not convicted and had it erased. I was never convicted.. even by the definition above.

So that is how I answered the question.. trying to be as truthful as possible. I am sorry if I screwed up. I just don't want it to cost me my future.

I am not and was not trying to hide anything. I would NEVER want to screw up all this money, time, and effect. Much less lose someone who I am very much in love with.

Now your playing with semantics. This is really kind of pointless, and it's not getting you anywhere.

USCIS does not defer to Wikipedia or anyone else to define what the terms on their forms mean. They have ruled numerous times in the past that any sort of deferred sentencing counts as a "conviction", whether you called it "deferred adjudication" or "suspended imposition of sentencing" or "suspended enforcement of sentencing", or whatever. It doesn't matter to them if any other government agency does not consider this sort of sentencing to be a "conviction". The fact is that you were found guilty, and that meets the USCIS definition of a conviction.

Read the directions on the I-129F form itself:

Answering this question 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.

BTW, a suspended sentence is NOT the same as deferred adjudication. Your records were not cleared. They were sealed. The records of your conviction still exist, and are available to anyone in law enforcement. They just aren't available to the general public.

Stop beating yourself up about this. It was an honest mistake. Consult with several immigration lawyers and ask their opinion. I think you can withdraw your petition and refile without any problems.

[beverly 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.

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.

may i ask where the list of IMBRA convictions is located?

[JimVaPhuong 4,864]

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.

may i ask where the list of IMBRA convictions is located?

The definitive list would be in the text of the act itself, it you enjoy reading legal gibberish. However, a good summary of the crimes that have to be reported is listed in the I-129F instructions:

http://www.uscis.gov/files/form/I-129Finstr.pdf

Look on page 3, section 7.