Juvenile Record

[cloclo2 3]

Hello Again!!

We are applying for a k-1 visa and I am the USC.

Question: my fiance was arrested and went to juvenile detention center a few times back when he was 14 or 15 years old (in the US).

I am wondering what kind of documents I will need to get and how to go about getting those. Do I just contact the juvenile county courthouse or what?

The arrests were in 2 different counties, one in Georgia and one in Michigan.

Thanks for any help/suggestions that you can give!

ps. I know I don't need this for another few months, but I am trying to get prepared!

[Barbara J 115]

Hello Again!!

We are applying for a k-1 visa and I am the USC.

Question: my fiance was arrested and went to juvenile detention center a few times back when he was 14 or 15 years old (in the US).

I am wondering what kind of documents I will need to get and how to go about getting those. Do I just contact the juvenile county courthouse or what?

The arrests were in 2 different counties, one in Georgia and one in Michigan.

Thanks for any help/suggestions that you can give!

ps. I know I don't need this for another few months, but I am trying to get prepared!

My guess is yes you would have to contact both and get record for USCIS and he will need them as well for his end of visa application

[Blob18 111]

Hello Again!!

We are applying for a k-1 visa and I am the USC.

Question: my fiance was arrested and went to juvenile detention center a few times back when he was 14 or 15 years old (in the US).

I am wondering what kind of documents I will need to get and how to go about getting those. Do I just contact the juvenile county courthouse or what?

The arrests were in 2 different counties, one in Georgia and one in Michigan.

Thanks for any help/suggestions that you can give!

ps. I know I don't need this for another few months, but I am trying to get prepared!

Do you know if the records were expunged or erased? Have him check the state laws for Georgia and Michigan or contact the courts in each state. Depending on the state the records are sealed/hidden from the public or destroyed once the minor turns 17/18.

Note: If the records were expunged you can't get anything on them as the records were completely & physically destroyed. If they are sealed he can still get records from the court.

Also find out if what he was convicted/sentenced for falls under any of the options listed in Part C, question 2 of the I-129F (below):

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse and stalking.

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or an attempt to commit any of these crimes.

Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

[Blob18 111]

Add on to my above response:

If he was convicted of anyone of those items listed and records were expunged. He will more than likely need to have the lawyer who defended him write a letter (to be included in petition) explaining the conviction, what happened, sentence given and what happened to the court records (ie: explain they were expunged/erased due to him being a juvenile when the crime was commited).

It's best to play it safe (and the right thing to do) and admit to any of the crimes listed on the I-129F even if erased/expunged or committed as a juvenile.

Edited November 29, 2010 by Blob18

[cloclo2 3]

Thanks to both of you.

He was not arrested for any of the things you listed Blob18, they were all things like trespassing or petty theft. I will contact the courts and see if they were expunged or sealed. If they are expunged: do we just get the courts to write a letter explaining that?

ps. I am the USC so the I-129F question relates to me and I have not been arrested. I am just trying to get prepared for the Dept of State stuff when he goes for an embassy interview.

[Blob18 111]

Thanks to both of you.

He was not arrested for any of the things you listed Blob18, they were all things like trespassing or petty theft. I will contact the courts and see if they were expunged or sealed. If they are expunged: do we just get the courts to write a letter explaining that?

ps. I am the USC so the I-129F question relates to me and I have not been arrested. I am just trying to get prepared for the Dept of State stuff when he goes for an embassy interview.

If expunged then either get the court or defense lawyer (if he remembers the name or had one) to write about the incident/explaining it.

Also some more information related to this:

In most states, and with some limited exceptions, after your records are sealed or expunged, you may truthfully say that you were never arrested, charged, or accused of a crime. In the eyes of the law, the entire incident never happened. In most respects, a sealing or expungement restores you to the status you occupied before being arrested or charged.

You should be aware that the federal government doesn't have to honor the expungement, nor does an expungement of a conviction necessarily relieve a person from having to disclose it in an application for public office or on some professional license applications

Edited November 29, 2010 by Blob18