Expedite request denied, background check under way

[StvM 1]

An Expedite is the least of your worries at this point. You have multiple criminal charges and more than likely will be deemed inadmissable. Not sure if a waiver is even possible.

An individual may be found inadmissible if he or she has been convicted of or admits committing a violation of (or conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance. Any drug conviction or admission of the essential elements of a controlled substance offense will render an individual inadmissible.

What??? Since when US Citizen becomes "inadmissible"???

Edited August 16, 2011 by StvM

[StvM 1]

After inquiring with USCIS a few days ago about the possibility of having my I-129F case expedited based on financial emergency, I was rejected. The email sent by USCIS informing me of the rejection said the following about my case status:

"...Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete."

Now, my question is to the nature of this background check. I informed USCIS of my past run-ins with the law--i.e. that I have a couple of misdemeanor marijuana possession charges as well as a misdemeanor simple assault charge--each of which date back to 2005 and prior. I have long since served the required probationary sentences, and have been without even a traffic ticket in years. I sent the USCIS certified documents from all of my local authorities. I believe that I was very thorough in my presentation of the facts concerning my background.

So, does anyone know if this deal with my criminal background is the reason for the postponement? Or could the statement above from USCIS include more than just criminal background--i.e. maybe the background of my relationship with Julia, my work background?

Quite simply, I am confounded as to why this case is taking so long to be approved. I see others all over Visa Journey who've received their NOA2 within two or three months, and I am now 6 months removed from my NOA1, and not a peep. Well, that is until yesterday when I received word that an expedite is not possible. I suppose I can be grateful that I heard that much!

Trusting my God and Savior to move....

As to charges. You don't have to explain any charges against you (anyone can be charged with anything". CONVICTIONS is all that matters). If you wasn't CONVICTED on crimes listed on I-129F and didn't have 3 or more CONVICTIONS on controlled substance - answer to question number 2 in "NO", and you didn't have to sent them any explanations or dispositions. There is very clear and simple guidance on which crimes they are looking at.

[StvM 1]

As to charges. You don't have to explain any charges against you (anyone can be charged with anything". CONVICTIONS is all that matters. As an example - you can be charged with simple assault, but during plea bargaining your attorney was able to downgrade charge to public disturbance, so you were CONVICTED of public disturbance and it all that counts. Or outcome of case was conditional discharge.... So guess what - you weren't even convicted, once that conditions are met). If you were't CONVICTED on crimes listed on I-129F and didn't have 3 or more CONVICTIONS on controlled substance - answer to question number 2 in "NO", and you didn't have to sent them any explanations or dispositions. There is very clear and simple guidance on which crimes they are looking at.

Edited August 17, 2011 by StvM

[Tim/Mav 305]

As to charges. You don't have to explain any charges against you (anyone can be charged with anything". CONVICTIONS is all that matters. As an example - you can be charged with simple assault, but during plea bargaining your attorney was able to downgrade charge to public disturbance, so you were CONVICTED of public disturbance and it all that counts. Or outcome of case was conditional discharge.... So guess what - you weren't even convicted, once that conditions are met). If you were't CONVICTED on crimes listed on I-129F and didn't have 3 or more CONVICTIONS on controlled substance - answer to question number 2 in "NO", and you didn't have to sent them any explanations or dispositions. There is very clear and simple guidance on which crimes they are looking at.

Please don't be my Attourney even if there are no fees.

[HannahP 119]

Please don't be my Attourney even if there are no fees.

Dude, you've...well...you get confused very easily. You did pass the 9th grade and/or are the USC who is posting, right?

[Dan_&_Juls 0]

I must say, after submitting this inquiry many hours ago and then returning to it, it has been quite amusing to read the replies! Thank you all for commenting, and for your insights and encouragement.

For those of you who were seemingly confused as to the nature of the assault charge, here goes it: I punched a guy in an argument over a girl. He called the cops. I went to jail. I stayed one night. After my court appearance, the probation officer that was assigned to me commented: "You know son, years ago the cops would've simply broken up the fight and driven us home to our parents and let them tend to us." The charge was...laughable. Do I regret punching the guy? Sure! (I wasn't even allowed into Canada because of the charge, but that's another story altogether.) Do I regret even more so that it was over a girl that is long, long gone? ABSOLUTELY! I was young and dumb.

So, yes, the assault charge was obviously a misdemeanor offense for which I served 6 months or so of probation.

Just wanted to clear the air up a bit on that

And if I may boast a little bit in my God now, it wasn't long after the aforementioned incident that JESUS won my heart. I saw that HE paid the penalty for ALL my sins--from the little white lies to the flying punches to the clouds of smoke to the wicked intents of my depraved heart! But He didn't just die for me--He actually DID raise up from the dead and ascended into heaven (from where He will soon return), sent His spirit to live within man (and in ME!), offering me forgiveness for my sin and allowing me the joy and privilege of entering into a relationship with God!

So there y'all go! That's my testimony, in part. Much, much more could be said. But the following promise from the Word of God I now stand on, and no one can take this away from me:

"What then shall we say to these things? If God is for us, who can be against us? He who did not spare his own Son but gave him up for us all, how will he not also with him graciously give us all things? Who shall bring any charge against God's elect? It is God who justifies. Who is to condemn? Christ Jesus is the one who died—more than that, who was raised—who is at the right hand of God, who indeed is interceding for us."

~Romans 8:31-34

[Dan_&_Juls 0]

As to charges. You don't have to explain any charges against you (anyone can be charged with anything". CONVICTIONS is all that matters. As an example - you can be charged with simple assault, but during plea bargaining your attorney was able to downgrade charge to public disturbance, so you were CONVICTED of public disturbance and it all that counts. Or outcome of case was conditional discharge.... So guess what - you weren't even convicted, once that conditions are met). If you were't CONVICTED on crimes listed on I-129F and didn't have 3 or more CONVICTIONS on controlled substance - answer to question number 2 in "NO", and you didn't have to sent them any explanations or dispositions. There is very clear and simple guidance on which crimes they are looking at.

Alright, so...I did submit my background check primarily because I had been arrested three times for simple possession of Schedule VI. However, two of these three have now been expunged, which USCIS will discover during the background check. So, will my arrests on misdemeanor marijuana possession charges potentially cause a petition rejection, in your opinion?

[newlyweds2010 208]

Criminal record aside, I copy 100% Gary and Alla. No reason why they should expedite a K1 application.

[newlyweds2010 208]

I must say, after submitting this inquiry many hours ago and then returning to it, it has been quite amusing to read the replies! Thank you all for commenting, and for your insights and encouragement.

For those of you who were seemingly confused as to the nature of the assault charge, here goes it: I punched a guy in an argument over a girl. He called the cops. I went to jail. I stayed one night. After my court appearance, the probation officer that was assigned to me commented: "You know son, years ago the cops would've simply broken up the fight and driven us home to our parents and let them tend to us." The charge was...laughable. Do I regret punching the guy? Sure! (I wasn't even allowed into Canada because of the charge, but that's another story altogether.) Do I regret even more so that it was over a girl that is long, long gone? ABSOLUTELY! I was young and dumb.

So, yes, the assault charge was obviously a misdemeanor offense for which I served 6 months or so of probation.

Just wanted to clear the air up a bit on that

And if I may boast a little bit in my God now, it wasn't long after the aforementioned incident that JESUS won my heart. I saw that HE paid the penalty for ALL my sins--from the little white lies to the flying punches to the clouds of smoke to the wicked intents of my depraved heart! But He didn't just die for me--He actually DID raise up from the dead and ascended into heaven (from where He will soon return), sent His spirit to live within man (and in ME!), offering me forgiveness for my sin and allowing me the joy and privilege of entering into a relationship with God!

So there y'all go! That's my testimony, in part. Much, much more could be said. But the following promise from the Word of God I now stand on, and no one can take this away from me:

"What then shall we say to these things? If God is for us, who can be against us? He who did not spare his own Son but gave him up for us all, how will he not also with him graciously give us all things? Who shall bring any charge against God's elect? It is God who justifies. Who is to condemn? Christ Jesus is the one who died—more than that, who was raised—who is at the right hand of God, who indeed is interceding for us."

~Romans 8:31-34

I don't want to sound blasphemous, but He will not sign a sworn affidavit for you to submit to the USCIS. I know that in God they trust, but not to this point.

[JimVaPhuong 4,865]

Alright, so...I did submit my background check primarily because I had been arrested three times for simple possession of Schedule VI. However, two of these three have now been expunged, which USCIS will discover during the background check. So, will my arrests on misdemeanor marijuana possession charges potentially cause a petition rejection, in your opinion?

No. The reason you have to provide information about those convictions is because if the disclosure requirement of the IMBRA. The Act requires that your fiancee be given information about any relevant convictions before she gets a visa and marries you. If you had met through an organization that qualifies as an International Marriage Broker (IMB) under the act then the IMB would have been required to collect information about your convictions and provide it to your fiancee before they initiated contact between you.

The IMBRA is about disclosure - nothing else. The results of the investigation will be turned over to Department of State and a copy will be sent to your fiancee, along with a nicely written pamphlet about domestic violence and the rights of an abused spouse in the US.

The only time they might deny a petition because of IMBRA related convictions is if the petitioner is ALSO asking for a waiver of the multiple filing limitations (e.g., the petitioner has had an I-129F approved within the past two years, or filed two or more I-129F's at any time in the past). This is described in the I-129F form instructions.

[Tim/Mav 305]

Alright, so...I did submit my background check primarily because I had been arrested three times for simple possession of Schedule VI. However, two of these three have now been expunged, which USCIS will discover during the background check. So, will my arrests on misdemeanor marijuana possession charges potentially cause a petition rejection, in your opinion?

Well, I'm glad it was a guy you punched and not a woman. Not to be negitive but you are aware there is No Expungement when it comes to USCIS. You were truthful and thats all you can do. I still say: YOU HAVE A GREAT CHANCE!

[pushbrk 14,170]

Alright, so...I did submit my background check primarily because I had been arrested three times for simple possession of Schedule VI. However, two of these three have now been expunged, which USCIS will discover during the background check. So, will my arrests on misdemeanor marijuana possession charges potentially cause a petition rejection, in your opinion?

No rejection, or decline for those issues but I expect the delay does relate to your background.

[pushbrk 14,170]

Not to be negitive but you are aware there is No Expungement when it comes to USCIS.

Small correction. Expunged is what it is but it doesn't hide the record from USCIS. I'm not at all certain USCIS will become aware the record was otherwise expunged but it really doesn't matter. You could be on parole for armed robbery and still get a petition approved.

[SuperDuper! 230]

You can be charged with a 15 year second degree felony if you fart on an officer. So just be careful out there and know that you can't even breath on someone without facing arrest.

http://boingboing.ne...at-officer.html

It would certainly be an aggravating situation if someone pointed their behind at you and pretended to be a skunk.

It would make anyone assaultive. Nothing simple about that!

[A and T 82]

I wouldn't leave Germany for the USA! Anyway you can go to Germany? You would be very lucky to get in there . Its a much better standard of living/lifestyle

I wouldn't leave Germany for the USA! Anyway you can go to Germany? You would be very lucky to get in there . Its a much better standard of living/lifestyle