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Filed: Country: Canada
Timeline
Posted

While she was a juvenile, my wife was charged (on different occasions) with both assault and weapons dangerous (which, in Canadian lingo, is possession of a dangerous weapon - I think.)

She was pardoned for both.

Neither is a felony.

What might the impact be for our immigration? We're filling out the DS-260 (online version of the NVC questionnaire) and it asks for details. What should we say? I'd hate for this to bar her immigration.

8 August 2009 - Met

21 October 2009 - Started dating

18 August 2010 - Engaged

22 January 2011 - Married

15 March 2011 - Filed I-130

22 March 2011 - NOA-1

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Say the truth always the truth. If you don't want it to bar her immigration the truth! lies will kill immigration.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

While she was a juvenile, my wife was charged (on different occasions) with both assault and weapons dangerous (which, in Canadian lingo, is possession of a dangerous weapon - I think.)

She was pardoned for both.

Neither is a felony.

What might the impact be for our immigration? We're filling out the DS-260 (online version of the NVC questionnaire) and it asks for details. What should we say? I'd hate for this to bar her immigration.

Honest is always best. I was a juvenile charged with a simple assault and breech of probation but I have no clue on the weapons charge. I would read up and look closely http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html. Also google what charges are a moral turpitude as they tend to be more harsh.

what type of assault charge was it?

As for what to put for details, make it simple, "Charged as a juvenile with two charges. One simple assault charge due to a fight at school, One possession of weapon as I was carrying a "knife/gun,screwdriver".

I cannot say that it will have no impact or a large impact. Just make sure she has court records along with police records if you can get them. Make sure to know if it was a summary offense as well.

INFO FROM USCIS SITE

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

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~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

 
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