Arrested for domestic violence in the past

[Casprd 167]

He needs to have this esponged from his reacord. that can be done at the court house clerk and involves a fee. It is worth getting the arrest record off. the criminal backgorund check does not state if convicted or dismissed. It just states charged and arrested in this case. so, he really needs to get it dismissed.

Expungement isn't that simple. It depends entirely on the state and municipality if this is even allowed and under what circumstances the record can be expunged.

[Daniel&Theary 30]

Arrested and convicted are 2 different things

[Daniel&Theary 30]

Your forgiven

She could also admit she did it and nothing could change now, double jeopardy

Lady justice was blind on this one. Or the Jurors. Will let you decide

Actually she was tried by the State if she admitted it then she can be tried Federally (same reason OJ still does not admit it) Then it would not be Double Jeopardy Why I dont know but its what has been reported by people trying to get the feds to look into it

[3t3rnal 3]

He only filed 2 weeks ago, I believe he receive his slip from mailman saying it was received. But no First notice of action.

usps's notice that the packet got to it's destination dont mean anything other than that usps did their job & got the packet to the address. pretty much if your friend hasn't even gotten a noa1 yet, why's he/she even worried about the background checks, etc, because if he/she dont even have a noa1 yet, it probably means uscis hasn't even accepted the petition (let alone start processing it) yet due to either wrong payment, or some other things with the packet.

if it's past the 2+ week w/o a noa1, he/she is probably gonna just get his/her whole packet back from uscis (that's if he/she paid for return receipt) with a letter stating what's wrong with the packet.

[Tim/Mav 305]

usps's notice that the packet got to it's destination dont mean anything other than that usps did their job & got the packet to the address. pretty much if your friend hasn't even gotten a noa1 yet, why's he/she even worried about the background checks, etc, because if he/she dont even have a noa1 yet, it probably means uscis hasn't even accepted the petition (let alone start processing it) yet due to either wrong payment, or some other things with the packet.

if it's past the 2+ week w/o a noa1, he/she is probably gonna just get his/her whole packet back from uscis (that's if he/she paid for return receipt) with a letter stating what's wrong with the packet.

This to me is a Far Fetched Assumption.

Most likely, the Petitioner asked for a Delivery Date Confirmation.

Also, the Petitioner should watch his/her Bank Account for the Check being cashed. If it was cashed. The 129-F has been Accepted even with No Hard Copy Yet.

[TiklingGuy 211]

usps's notice that the packet got to it's destination dont mean anything other than that usps did their job & got the packet to the address. pretty much if your friend hasn't even gotten a noa1 yet, why's he/she even worried about the background checks, etc, because if he/she dont even have a noa1 yet, it probably means uscis hasn't even accepted the petition (let alone start processing it) yet due to either wrong payment, or some other things with the packet.

if it's past the 2+ week w/o a noa1, he/she is probably gonna just get his/her whole packet back from uscis (that's if he/she paid for return receipt) with a letter stating what's wrong with the packet.

USCIS CAN accept a petition even if you have not received a notice of action yet. How can you get a return slip from USPS saying that USCIS accepted and signed for the petition and them not accept it? (this is John the petitioner talking now, my fiancé is on the plane) look at your first notice of action you got a few weeks ago. You will notice it was dated maybe a few days after they received it from USPS. It can take up to 30 days to receive your first notice of action. I was discussing the issue with my buddy because on part c of the I-129f petition it talks about domestic violence. If he was arrested for domestic violence but not convicted doesn't mean that it would not be a red flag. If they feel he is a threat to his fiancé then that would be a pretty big liability for the DHS. My suggestion to him was to provide a statement about the event along with documentation from the courthouse to cover his six just in case. Nobody mentioned wrong payments or errors on his package. I did his paperwork, believe me there are no errors. My fiancé mentioned two weeks because she wanted to express his timeline.

Edited July 9, 2011 by Dex22

[Ready to do it 101]

Don't worry about the domestice violence dismissal. He answered the question correctly. NO!!!

This has been talked about numerous times on the forum. The answer to the question is, "No!"

To be on the safe side, have the petitioner get the disposition (not deposition as others have stated, lol) from the court and tell the petitioner to give it to the fiance to have at the interview just in case they ask about it. That's it. Based on what many have said on this forum over and over when this topic has been brought up... it's a non-issue.

USCIS CAN accept a petition even if you have not received a notice of action yet. How can you get a return slip from USPS saying that USCIS accepted and signed for the petition and them not accept it? (this is John the petitioner talking now, my fiancé is on the plane) look at your first notice of action you got a few weeks ago. You will notice it was dated maybe a few days after they received it from USPS. It can take up to 30 days to receive your first notice of action. I was discussing the issue with my buddy because on part c of the I-129f petition it talks about domestic violence. If he was arrested for domestic violence but not convicted doesn't mean that it would not be a red flag. If they feel he is a threat to his fiancé then that would be a pretty big liability for the DHS. My suggestion to him was to provide a statement about the event along with documentation from the courthouse to cover his six just in case. Nobody mentioned wrong payments or errors on his package. I did his paperwork, believe there are no errors. My fiancé mentioned two weeks because she wanted to express his timeline.

[Tim/Mav 305]

USCIS CAN accept a petition even if you have not received a notice of action yet. How can you get a return slip from USPS saying that USCIS accepted and signed for the petition and them not accept it? (this is John the petitioner talking now, my fiancé is on the plane) look at your first notice of action you got a few weeks ago. You will notice it was dated maybe a few days after they received it from USPS. It can take up to 30 days to receive your first notice of action. I was discussing the issue with my buddy because on part c of the I-129f petition it talks about domestic violence. If he was arrested for domestic violence but not convicted doesn't mean that it would not be a red flag. If they feel he is a threat to his fiancé then that would be a pretty big liability for the DHS. My suggestion to him was to provide a statement about the event along with documentation from the courthouse to cover his six just in case. Nobody mentioned wrong payments or errors on his package. I did his paperwork, believe me there are no errors. My fiancé mentioned two weeks because she wanted to express his timeline.

Very Good Dex. You been reading. The 129-F asks for Convictions. Not a Conviction then answering NO was Correct.

Even if not a Conviction, USCIS will see it but, I don't really see a Worry of a RFE for Proof for a Non-Conviction.

To be safe for the Interview: Just let the Fiancee' be aware of this and supply her Court Proof as I mentioned before. Thats playing it safe. I don't think it will be even mentioned at the Interview./ But I never been to an Interview ?

[clarence954 20]

County Clerks do not Notorize Depositions and neither does Wal-Mart.

The Legal System was tried and a verdict. Guilty or Not Guilty.

County Clerks Attest/Seal/Sign Final Documentations of Records.

Respectfully.

stop being a smart #### when you have no clue what you're talking about. If something isn't done in your state it doesn't mean it's not done. here in Miami-dade county fl there's a notarized stamp on are court deposition to certify its authentic.

[clarence954 20]

stop being a smart #### when you have no clue what you're talking about. If something isn't done in your state it doesn't mean it's not done. here in Miami-dade county fl there's a notarized stamp on are court deposition to certify its authentic.

I didn't mean anything by it, but went over some of your response and you make the simplest of thing more complicated. technically is it a notarized letter(no), but it's a certified letter coming from a governmental body with their seal and stamp on it.

[Blob18 111]

A LOT of incorrect information in this thread.

I will chime in and say that there are more than 2 types of pleas...

Guilty

Not Guilty

Nolo Contendere (no contest)

Failure to enter a plea

Alford plea

and more

Also depending on the crime, state, county, the age of the person when the crime was committed and person responsible for the expungment ....a case can be expunged and never show up again on any type of background check.

Edited July 9, 2011 by Blob18

[clarence954 20]

A LOT of incorrect information in this thread.

I will chime in and say that there are more than 2 types of pleas...

Guilty

Not Guilty

Nolo Contendere (no contest)

Failure to enter a plea

Alford plea

and more

Also depending on the crime, state, county, the age of the person when the crime was committed and person responsible for the expungment ....a case can be expunged and never show up again on any type of background check.

so can you please point out the incorrect information, so it can be corrected? because the only thing I can find is one poster states that an expunged/sealed record uscis and homeland security has access to the record. they(uscis/homeland)actually don't have access to the file but they can still see something there in order for anyone to access the file a judge's authorization is needed.

Edited July 9, 2011 by clarence954

[Blob18 111]

so can you please point out the incorrect information, so it can be corrected? because the only thing I can find is one poster states that an expunged/sealed record uscis and homeland security has access to the record. they(uscis/homeland)actually don't have access to the file but they can still see something there in order for anyone to access the file a judge's authorization is needed.

I will when I get more of a chance to go over everything in detail, busy right now. I just picked out the 2 most glaring issues that were incorrect that I saw over my quick read.

Correct there, if the file is locked but can still be seen, then the person should put down "yes" for whatever question asks about criminal issues.

Edited July 9, 2011 by Blob18

[clarence954 20]

I will when I get more of a chance to go over everything in detail, busy right now. I just picked out the 2 most glaring issues that were incorrect that I saw over my quick read.

Correct there, if the file is locked but can still be seen, then the person should put down "yes" for whatever question asks about criminal issues.

yup, you have to re read it when you have more time because my comment wasn't about the op it was about a response someone made in the tread.

The original op asked a straight forward simple question and everyone here is making much more complicated then the simple yes or no.

In the op's case he/she was correct in answering the question no to any convictions and that's it. we were only adding the deposition as an extra just in case at any point it's asked for, but it all depends on who is reviewing the paper work.

[clarence954 20]

Don't worry about the domestice violence dismissal. He answered the question correctly. NO!!!

This has been talked about numerous times on the forum. The answer to the question is, "No!"

To be on the safe side, have the petitioner get the disposition (not deposition as others have stated, lol) from the court and tell the petitioner to give it to the fiance to have at the interview just in case they ask about it. That's it. Based on what many have said on this forum over and over when this topic has been brought up... it's a non-issue.

geez, if you want to "chime in" and try to correct something please have a clue of what you're talking about. sometimes it's best not to say anything at all.