anyone pls help us on this

[MeanBUM0208 0]

Hi All! I hope someone can enlighten me on this...

if i was convicted of involuntary manslaughter as a jeuvinile and the records are sealed do i have to mention this and how do i find records if i have none?

i would appreciate all the information and knowledge you can share. it's a long story but i am hoping that this will not badly affect our petition.

thank you in advance!

[joeyjoey 1]

I think I'd mention it. You certainly do not want them to discover it. Then it will be a BIG issue! I hope that you and your Fiancee have discussed your past. You don't want the Consular Officer informing her before you do! Part of the IMBRA law is to inform the foreign fiancee of any anomolies with the American citizen petitioner so that the beneficiary can make an intelligent decision about going forward with the VISA and subsequent marriage.

[MeanBUM0208 0]

I think I'd mention it. You certainly do not want them to discover it. Then it will be a BIG issue! I hope that you and your Fiancee have discussed your past. You don't want the Consular Officer informing her before you do! Part of the IMBRA law is to inform the foreign fiancee of any anomolies with the American citizen petitioner so that the beneficiary can make an intelligent decision about going forward with the VISA and subsequent marriage.

hi joeyjoey. thanks for the reply... my fiance has been very open and honest about his past as i have been to him. he was a minor then and he only did it in self-defense. it is a long story but rest assured we know everything about each other. He is a good man and I dont have any doubts about it or I would not be marrying him. now what we are only worried about is that this might make the process longer than the usual and it will prolong our agony from being separated...

we know that honesty is the best policy here and we have been discussing this since the IMBRA. He doesnt know how to get the records or where to get them since he was advised that the records were sealed.

Anyways, thanks for the insight joeyjoey. Hope to hear from others too!

thanks a lot

Mary Ann

[Sinergy 3]

Deffinatly do not hide or lie about anything. they will find out, even if they are sealed, they will find out. Its best to be completely open and honest about EVERYTHING. If your not, it will come back and bite you in the butt.

Good luck

hugs,

Tara

[edsperfect 25]

Deffinatly do not hide or lie about anything. they will find out, even if they are sealed, they will find out. Its best to be completely open and honest about EVERYTHING. If your not, it will come back and bite you in the butt.

Good luck

hugs,

Tara

A conviction does not disqualify anyone. The law only requires that if you go through a marriage broker then the marriage broker must notify the fiance of the offense.

[jamrok 0]

You most definately want to address this issue. Not mentioning it would be a lethal mistake.

I would also attached a precise, well articulated and truthful attachment. In light of the IMBRA

situation and it's intended purpose I would STRONGLY advise you to retain legal counsel. That's

my opinion. Expect the worse and be prepared. Do not take this lightly.

[Dean iWait 0]

Remember that this information is gathered so they can disclose it to your fiancee. This is NOT grounds for them to deny your visa. Just be honest. Go to the local court clerk where the offense was and ask about obtaining certified copies of the sealed records for your case. I agree with Jamrock, I think consulting with an immigration attorney would be very wise. Good luck

[Sinergy 3]

Deffinatly do not hide or lie about anything. they will find out, even if they are sealed, they will find out. Its best to be completely open and honest about EVERYTHING. If your not, it will come back and bite you in the butt.

Good luck

hugs,

Tara

A conviction does not disqualify anyone. The law only requires that if you go through a marriage broker then the marriage broker must notify the fiance of the offense.

I never said anything about being disqualified, atleast not that i can read, and i did write it. What i said was, do not hide or lie about anything, it will come back on you if you do, and it will cause problems if you do not openly tell them about ANY convictions, sealed or not. with or without the IMBRA law, you must be honest about your past convictions and such.

[Littleone+Robert 0]

Remember that this information is gathered so they can disclose it to your fiancee. This is NOT grounds for them to deny your visa. Just be honest. Go to the local court clerk where the offense was and ask about obtaining certified copies of the sealed records for your case. I agree with Jamrock, I think consulting with an immigration attorney would be very wise. Good luck

I do agree with "Dean iWait".... that is very sensitive issue, it would be better to consult with immigration attorney...

Best of Luck to all of US

[aclassic 0]

I would most definately see an immigration lawyer. I have a case dismissal (deffered adudication) for a misdomeanor offense 3 years ago. Although the case was dismissed and there is no conviction, when I get the REF, I will see my immigration lawyer and see what he has to say. It is my impression that if you met your fiance via an IMB before this law came into effect, then the consulate/embassy will decide if they will inform your finace relative to any past offenses. If my lawyer advises me to say yes to the question of convictions, then I will simply tell my fiance and have done with it.

Good luck to you

[MeanBUM0208 0]

I would most definately see an immigration lawyer. I have a case dismissal (deffered adudication) for a misdomeanor offense 3 years ago. Although the case was dismissed and there is no conviction, when I get the REF, I will see my immigration lawyer and see what he has to say. It is my impression that if you met your fiance via an IMB before this law came into effect, then the consulate/embassy will decide if they will inform your finace relative to any past offenses. If my lawyer advises me to say yes to the question of convictions, then I will simply tell my fiance and have done with it.

Good luck to you

we did not meet thru IMB or any dating sites for that matter... we think jamrock's suggestion is good. he will just attach a written explanation and narration of the whole story and how this case ended. should they need further documents after that attachment then he would have to go back to texas and try to get whatever they need from the local court clerk. we agreed that we will be very honest and forthcoming regarding this to avoid any problems from arising... we already know that this will affect the petition and will most probably slow down the process but we are just hoping for the best.

thank you all for your suggestions and insights on this. keep 'em coming!

[aussiewench 9]

Hi All! I hope someone can enlighten me on this...

if i was convicted of involuntary manslaughter as a jeuvinile and the records are sealed do i have to mention this and how do i find records if i have none?

i would appreciate all the information and knowledge you can share. it's a long story but i am hoping that this will not badly affect our petition.

thank you in advance!

Instructions on the I-129F clearly state.......

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.)

I do not know how one would go about obtaining these sealed records. Perhaps call the relevant department that holds the court records etc.

As also stated in the instructions you need to attach a signed and dated request for a waiver.....

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and:

*You were acting in self-defense;

*You violated a protection order intended for your protection; or

*You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and your having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;

Court records;

News articles;

Trial transcripts.

In the request I would include a description of the events in your own words and why you should be granted a waiver.

Wishing you the best

[MeanBUM0208 0]

Hi All! I hope someone can enlighten me on this...

if i was convicted of involuntary manslaughter as a jeuvinile and the records are sealed do i have to mention this and how do i find records if i have none?

i would appreciate all the information and knowledge you can share. it's a long story but i am hoping that this will not badly affect our petition.

thank you in advance!

Instructions on the I-129F clearly state.......

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.)

I do not know how one would go about obtaining these sealed records. Perhaps call the relevant department that holds the court records etc.

As also stated in the instructions you need to attach a signed and dated request for a waiver.....

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and:

*You were acting in self-defense;

*You violated a protection order intended for your protection; or

*You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and your having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;

Court records;

News articles;

Trial transcripts.

In the request I would include a description of the events in your own words and why you should be granted a waiver.

Wishing you the best

thank you very much aussiwench for this info... this is just exactly what we need. we greatly appreciate it!

[MeanBUM0208 0]

Hello again everyone! Pardon me for asking this. It may sound stupid but I'm just a little confused...

on the list of crimes on the new I-129F form, manslaughter is one of them. my question is, technically speaking, is involuntary manslaughter any different? if it is not, then we will have to mention it and ask for a waiver because he was acting in self-defense, is that correct?

thanks a lot in advance!

mary ann

Edited July 7, 2006 by MeanBUM0208

[Dean iWait 0]

I would most definately see an immigration lawyer. I have a case dismissal (deffered adudication) for a misdomeanor offense 3 years ago. Although the case was dismissed and there is no conviction, when I get the REF, I will see my immigration lawyer and see what he has to say. It is my impression that if you met your fiance via an IMB before this law came into effect, then the consulate/embassy will decide if they will inform your finace relative to any past offenses. If my lawyer advises me to say yes to the question of convictions, then I will simply tell my fiance and have done with it.

Good luck to you

I would love to hear what your attorney has to say. I have a misdemeamor conviction 16 years ago, however charges were dismissed 2 years later under a deferred sentence agreement. My attorney at the time told me even though my case was dismissed that my police record would show the arrest (it does). I talked to an immigration attorney and he advised for me to forward certified copies of the court record and my certified police record to USCIS. He also said I should find a way to attend my fiancee's interview. Never hurts to have a second opinion though.