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Derek.G

Help with bad past

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That is exactly my point.

The USCIS want all information regarding you entire criminal background

YOU HAVE TO DECLARE ALL YOUR PAST MISDEEDS, not just the ones that come up on a Police Report

What exactly is your point? What my husband has stated is yes, USCIS wants to know about your entire criminal past, however he further goes on to speak of your Police Certificate and the additional Subject Access Report. This information is a compilation of all past criminal activities dating back to the age 15. This is what they use to determine your eligibility/ineligibility for immigration purposes. Why would you want to subject yourself to further scrutiny by providing something not listed on these data reports? If the government has no records how do you plan to obtain records if asked? Provide USCIS with background for EVERY crime listed on the reports provided by the government, this is what they look at and analyze. You are stating that you need to declare all past misdeeds? BY definition a misdeed is a wrong OR illegal act. Do you seriously think the USCIS has the time and effort to look at a list of everything you have done wrong in your past or does just looking into your documented criminal past make more sense?? Why would you want to delay the process further by making them do more work than necessary?? :bonk:

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Filed: K-1 Visa Country: Wales
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So if it did not appear on the Police Report it never happened?

An interesting concept.

Just wait until you get to the N400.

From a practical point of view I have seen posts where people have 'forgotten' to include their non Police Reported crimes and somehow the Consulate knew about them. Not good news.

Your life, roll the dice.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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So if it did not appear on the Police Report it never happened?

An interesting concept.

Just wait until you get to the N400.

From a practical point of view I have seen posts where people have 'forgotten' to include their non Police Reported crimes and somehow the Consulate knew about them. Not good news.

Your life, roll the dice.

No... do not place words in my mouth. I have never stated that if it isn't on the Police Report it didn't happen and never would. The USCIS clearly states that you must obtain a Police Certificate for every place you have lived since age 16. It further states that you need to provided court records for all criminal charges showing on such reports regardless if they are older than 15 years. Provide them with the reports they ask for, provide them with all the back up documentation they ask for. Done. Move on to the next requirement.

During the waiver processing period the USCIS will do extensive background checks. If the applicant has ever been in the US the DOS will be asked to provide the applicant's fingerprints to the FBI for their checks to make sure no crimes were committed while visiting. There is always the possibilty that some thing can or may show up that needs to be addressed further - at which stage you should be forthright and honest and again, provide them with what they ask for. I don't necessarily think it's uncommon for people to forget things when filling out the extensive forms that we must do. With some the mere thought of completing all these forms is cause for extreme stress. However, there is a difference between forgetting and outright lying which should never be condoned - you will get done for it.

Bottom line you provide the USCIS with what they ask for. Do this and you shouldn't have problems. As far as the N400, I am aware of the application and the questions asked on it - especially the section on Moral Character. Straight forward "yes" and "no" questions with a section below them to give additional information if you ticked "yes" to any of the questions. When the time comes that form will be completed in the same manner in which all other forms have been completed - HONESTLY.

As far as rolling dice - No thanks. I'm not much of a gambler, especially with regards to my life - We did everything that was asked of us, provided everything that was asked of us, we were honest and spoke from the heart in our personal letters, and the end result was favorable. I'll just leave it at that. Carry on...

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Filed: K-1 Visa Country: Wales
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“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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All this shows is that people on the British Ex Pat website are just as clueless as they did not even pickup the fact that he only applied for a police certificate and not the full subject access report, if he committed any crime at all it should show up on this and if not, then he need not say anything, however nobody on that forum even suggested that he get a subject access report, they just advised like you did here to tell the USCIS everything or get a lawyer.. but that will result in tears, if he took that advice because he had previously obtained a J1 visa, now they would say that he obtained this by fraud and deception and hit him with a Mis-Rep charge as well as blemish his apparent clean record, so the advice is not correct.. he should have been advised to get the "Subject Access Records" and then go from there..

I would suggest that the person that left the comment on your profile 2 years ago has a point, however I see that you have now removed it from your profile page... But i believe it said "Get a Life !!" - I wonder what she meant by that?.

Regards

Andrew :thumbs:

Edited by Traci - Andrew

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Filed: K-1 Visa Country: Wales
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That is not a forum I contribute to, well maybe once in a blue moon, I just went looking and picked two threads from the last few days that covered this subject.

There are probably hundreds on the same issue if you search.

The knowledge level on that site is much higher than here, there are respected contributing Immigration Lawyers and anybody talking bollocks gets smacked down very quickly.

I really do not care what you have done to massage your way through, just want to make sure that somebody else does not do something that screws their life up on the back of it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler, can you please calm down? This is a forum. This is a place where people come to read and share information. Your hostility is neither needed nor desired here by anyone. If you don't like what's posted, fine. You don't have to be rude with other posters. Please tone it down.

Edited by Dodi

Angela & Peter

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K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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Filed: K-1 Visa Country: Wales
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If you read the posts in sequence, I was not.

Nor have I made any personal attacks.

Probably time to leave it, you can take a horse to water etc.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you read the posts in sequence, I was not.

Nor have I made any personal attacks.

Probably time to leave it, you can take a horse to water etc.

No personal attacks??? To even imply that someone "massaged" their way through the visa process is extremely personal and wrong on every level. HOW DARE YOU!! :angry: This is a forum to support and offer advice to help others. Whether you agree with everything others write is a mute point - they are entitled to express their opinion.

You know nothing about our case to even begin to pass judgment. I hardly consider waiting 2 1/2 years for an approval "massaging" our way through. I am insulted that someone on this forum would even make such a callous statement. Please think before you post.

Thank you Dodi for speaking out :thumbs:

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I would just like to add that my police report came back as saying 'No Live Trace' and I have NEVER been in trouble with the police. No tickets, no arrests, no official warnings, nothing. And when I got to the interview, they asked if I had ever had any problems with police and I said none, and that was all that was asked. It wasn't until people on this forum told me what the statement meant that I started to wonder what the heck happened with my police check. Thankfully it didn't set me back at all.

If you're asked at the interview if you've been in trouble, tell the truth! The last thing you need is a misrep charge.

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Filed: K-1 Visa Country: United Kingdom
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Can I just add that I started this thread and now wish I hadn't. I didn't want all this arguing, just the simple facts.

Can I publically thank Andrew for all his help both on here and behind the scenes. Sir, you are a gentleman. We have used all your advice to put ourselves in a better frame of mind for the interview.

Once again, many thanks Andrew.

Derek & Dawn's Personal Timeline

06-01-2010 - I129-F sent

06-02-2010 - I129-F signed for and received at VSC

06-03-2010 - NOA1 date

06-08-2010 - Check cashed

06-10-2010 - Case in initial review on USCIS site

06-12-2010 - Hard copy of NOA1 received in the post

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Can I just add that I started this thread and now wish I hadn't. I didn't want all this arguing, just the simple facts.

Can I publically thank Andrew for all his help both on here and behind the scenes. Sir, you are a gentleman. We have used all your advice to put ourselves in a better frame of mind for the interview.

Once again, many thanks Andrew.

I know I can speak for both Andrew and myself to tell you thank you for your kind words. As far as any arguments - not to worry. It was bound to happen sometime. :rolleyes: I must admit that until today we have had nothing but a fantastic experience with VJ. We have developed a wonderful support system. We've helped each other through the rough times and celebrated when good news was received. I wish you and your wife nothing but the best, and hope that through your journey you are able to have the same experiences and benefit from this site. It is truly a great comfort having a place you can go to to talk/vent to people who understand what you are going through. Please do keep in touch with Andrew - The best of luck to you!!! :thumbs:

Traci xx

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Can I just add that I started this thread and now wish I hadn't. I didn't want all this arguing, just the simple facts.

Can I publicly thank Andrew for all his help both on here and behind the scenes. Sir, you are a gentleman. We have used all your advice to put ourselves in a better frame of mind for the interview.

Once again, many thanks Andrew.

Hi Derek

Thank you for you nice comment, all I ever try and do on here is help others less experienced than myself so that they do not fall foul of any pitfalls that they will encounter on the journey.

I am no expert, but I have studied everything we have been through since we started out journey some 2.5 years ago, we have been through the K1 route (Denied) Tried a K3 (Denied) it was changed to a CR-1 and a I-601 waiver submitted and only just recently has it been approved, so we have had quite a varied journey.

We fired our first lot of lawyers due to the lack of knowledge that they had in immigration matters, even though they called themselves Immigration Lawyers? they took our money and caused so many mistakes that it cost us time (about 1 year) and money ($2000).. We then found a better Lawyer whom has turned out OK, produced a very good I-601 Extreme Hardship Package, but ####### support and after care/customer service.

So we have had to learn everything about K1's, K3's CR-1's, IR-1's, I-601's, Extreme Hardship Waivers, Criminal Waivers etc etc.. over the last 2.5 years by finding answers on official websites, blogs, forums and of course asking our Lawyers so I think we have a good understanding of most of the spouse/fiancé visa systems now.

Anyway if we can be of any further help to you or your wife, just ask by private message or via the forum.

As for this thread, I am glad that you started it as others will have seen this and will have learnt from it, it is just a shame that some people are to easy to pick you up on small things and confuse the bigger picture of helping others, instead it turns in to a battle to see who has the most knowledge and to see who is right and who is wrong, personally I don't care about what others write, but I do have to reply when bad advice is being given that can create a major problem for the new people amongst us.

Technically I am wrong, just like anyone would be wrong if they broke the rules, lets take tax for instance.. if you stick to the official rules you must declare every bit of income including cash to the tax man and if you do not you could be imprisoned or have a large fine imposed.. but in reality both poor and rich alike bend the rules if they know they can get away with it and the tax man will not be able to find out. Well this is the same as that, I am wrong because I am stating that if a crime of some sort that you know of does not appear on your detailed police computer report "Subject Access" then why would you volunteer this information, as it could potentially make the total number of offenses enough to require you to obtain a waiver or may make you inadmissible all together.. if it not listed on your Subject Access report then it is not on the police database and can not come back to bite you later.. So you offer the USCIS all the listed crimes complete with court records and nothing more.

I hope this puts it to bed now, as I think your last post said it all.

Take care

Andrew :thumbs:

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Hi Derek

Thank you for you nice comment, all I ever try and do on here is help others less experienced than myself so that they do not fall foul of any pitfalls that they will encounter on the journey.

I am no expert, but I have studied everything we have been through since we started out journey some 2.5 years ago, we have been through the K1 route (Denied) Tried a K3 (Denied) it was changed to a CR-1 and a I-601 waiver submitted and only just recently has it been approved, so we have had quite a varied journey.

We fired our first lot of lawyers due to the lack of knowledge that they had in immigration matters, even though they called themselves Immigration Lawyers? they took our money and caused so many mistakes that it cost us time (about 1 year) and money ($2000).. We then found a better Lawyer whom has turned out OK, produced a very good I-601 Extreme Hardship Package, but ####### support and after care/customer service.

So we have had to learn everything about K1's, K3's CR-1's, IR-1's, I-601's, Extreme Hardship Waivers, Criminal Waivers etc etc.. over the last 2.5 years by finding answers on official websites, blogs, forums and of course asking our Lawyers so I think we have a good understanding of most of the spouse/fiancé visa systems now.

Anyway if we can be of any further help to you or your wife, just ask by private message or via the forum.

As for this thread, I am glad that you started it as others will have seen this and will have learnt from it, it is just a shame that some people are to easy to pick you up on small things and confuse the bigger picture of helping others, instead it turns in to a battle to see who has the most knowledge and to see who is right and who is wrong, personally I don't care about what others write, but I do have to reply when bad advice is being given that can create a major problem for the new people amongst us.

Technically I am wrong, just like anyone would be wrong if they broke the rules, lets take tax for instance.. if you stick to the official rules you must declare every bit of income including cash to the tax man and if you do not you could be imprisoned or have a large fine imposed.. but in reality both poor and rich alike bend the rules if they know they can get away with it and the tax man will not be able to find out. Well this is the same as that, I am wrong because I am stating that if a crime of some sort that you know of does not appear on your detailed police computer report "Subject Access" then why would you volunteer this information, as it could potentially make the total number of offenses enough to require you to obtain a waiver or may make you inadmissible all together.. if it not listed on your Subject Access report then it is not on the police database and can not come back to bite you later.. So you offer the USCIS all the listed crimes complete with court records and nothing more.

I hope this puts it to bed now, as I think your last post said it all.

Take care

Andrew :thumbs:

Thanks Andrew.

Taking in my Subject Access tomorrow and see what that has in store. I have a visit from a JP tomorrow with a recommendation letter and I also have one from a Probation officer/psychologist too.

I am more hopeful thanks to your advise than I have been in a long time.

Thanks once again

Derek

Derek & Dawn's Personal Timeline

06-01-2010 - I129-F sent

06-02-2010 - I129-F signed for and received at VSC

06-03-2010 - NOA1 date

06-08-2010 - Check cashed

06-10-2010 - Case in initial review on USCIS site

06-12-2010 - Hard copy of NOA1 received in the post

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Filed: Citizen (apr) Country: Canada
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Moderator hat on: First, please do not make personal attacks or comments insulting others - they add nothing to the discussion and detract from the usefulness of the thread. Second, be very cautious about advising anyone not to disclose fully information about any run-ins that they have had in the past with the law - it is a violation of TOS to advise someone to lie or in any other way falsify information submitted to USCIS and you could also be causing them serious problems in the future if they take your advice.

******************************************************************************************

Moderator Hat off: - with regards to not fully disclosing all of your activities even if they don't officially show up in records, you need to be aware that there are further applications in the future that my well 'trip you up' and require you either to 'lie' on the application because you failed to disclose the information now - or disclose the information belatedly and face a possible charge of misrepresentation and whatever consequences go with it. You would be well advised to read over the I-485 Adjustment of Status application - specifically Section C.1. a) and b ) http://www.uscis.gov.../form/i-485.pdf ; also I-751 "Removal of Conditions" specifically part 3, 7. http://www.uscis.gov.../form/i-751.pdf and be sure to read over the instructions about 'criminal history' http://www.uscis.gov.../i-751instr.pdf . Also, the N-400 'Naturalization" application - specifically part 10. Section D "Good Moral Character" questions 15 to 21 http://www.uscis.gov.../form/n-400.pdf . This isn't 'fill out this form/get this visa and things are over and done with' - the K-1/K-3 process asks for the least details of your encounters with the law of any of the other immigration forms you will face on this journey. Start now with the approach you intend to follow all the way through because you will be asked more specific and less open to interpretation questions the deeper you get in the process and you may later be wishing you had been more 'up front' with your answers earlier on while you still had the chance.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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