expunged dui what to do??

[blackflash 7]

if my petioner got into two accidents and both she got a dui but was not aressted and there was no one hurt and there is nothing on her poice certifactes that we have to bring for the interview. should i check yes on the question that asked if you were ever charged, arrested or convicted of a crime?

[Tim/Mav 305]

if my petioner got into two accidents and both she got a dui but was not aressted and there was no one hurt and there is nothing on her poice certifactes that we have to bring for the interview. should i check yes on the question that asked if you were ever charged, arrested or convicted of a crime?

If the Petitioner got a DUI .. That person was arrested. A DUI can be Alcohal/Drugs or both. Police don't say: Well your under the influence but since nobody is hurt you are free to get back behind the wheel and go on your leisure. So clarify that with your fiancee' It don't work that way. A DUI is a Conviction.

However, since you have no Timeline I'm going to assume you are filing a 129-F ? That Form asked if 3 or more Convictions so you could say NO. But be prepared with documents such as completion of Drug Abuse treatment and Documentation of Completion of the other 2 Convictions.

There is a record of these DUI's but the 129-F asks: 3 or more. You can write NO if your post is true.

OH DUI's and any criminal activity is never expunged with USCIS.

Edited January 11, 2012 by Tim/Mav

[blackflash 7]

If the Petitioner got a DUI .. That person was arrested. A DUI can be Alcohal/Drugs or both. Police don't say: Well your under the influence but since nobody is hurt you are free to get back behind the wheel and go on your leisure. So clarify that with your fiancee' It don't work that way. A DUI is a Conviction.

However, since you have no Timeline I'm going to assume you are filing a 129-F ? That Form asked if 3 or more Convictions so you could say NO. But be prepared with documents such as completion of Drug Abuse treatment and Documentation of Completion of the other 2 Convictions.

There is a record of these DUI's but the 129-F asks: 3 or more. You can write NO if your post is true.

OH DUI's and any criminal activity is never expunged with USCIS.

my apologies iam doing a DCF i file an I-130 and on the DS-2032 it ask about any convitions and odesnt give a number. she was under the influence of alchol and percription medication fro her depression. her sister is a lawyer and is going to be able to "clear her past" but iam just worried that they will find it anyway and she might get banned for lieing and we would be out of luck. if her police certificates are clear and she has no fingerprints or arrest but there was a court hearing which she did not have to attend should i be prepared to face this during interiew time??

[blackflash 7]

thnak you for your post i read it again more carfeully i think i will check yes and they giove us a place to explain i will write a letter have have the proper paper work ready. i rather not lie but wife is worried and thinks she can erase it but it will be worst if we lie

[Tim/Mav 305]

my apologies iam doing a DCF i file an I-130 and on the DS-2032 it ask about any convitions and odesnt give a number. she was under the influence of alchol and percription medication fro her depression. her sister is a lawyer and is going to be able to "clear her past" but iam just worried that they will find it anyway and she might get banned for lieing and we would be out of luck. if her police certificates are clear and she has no fingerprints or arrest but there was a court hearing which she did not have to attend should i be prepared to face this during interiew time??

Honestly, I know most about K-1's and some CR1's. I really think a more qualified Member should answer this.

You never mentioned anything about falsifying (Lying) documents. The Petitioner if true would be in more jeapardy if the Forms were untrue. But, again, I wish for other more qualified Members to respond.

It does not mean the Petitioner is a bad person but a mistake was made and can it be fixed.

I wish you luck.

[Tim/Mav 305]

thnak you for your post i read it again more carfeully i think i will check yes and they giove us a place to explain i will write a letter have have the proper paper work ready. i rather not lie but wife is worried and thinks she can erase it but it will be worst if we lie

I would wait for some replies. I'll watch this and I hope you get help from others.

Good Luck

Edited January 11, 2012 by Tim/Mav

[Kathryn41 3,205]

post advocating lying on immigration documents has been removed. It is a violation of the Terms of Service on Visa Journey

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Answer all questions honestly. Even if the individual was cited, given a ticket, fined this means they were charged with a crime or misdemeanor. In these cases, provide documentation to show the outcome of the incident, and if the documentation no longer exists, a letter on official letterhead by the organization (police,Court, etc.) involved stating that the evidence no longer exists.

The k-1 or IR/CR-1 visa petitions/applications are only the first time you will encounter this question. If you need to apply to remove conditions you will be faced with the question again in a much more pointed way and by the time you get to Naturalization, there will be a handful of questions all asking about past run-ins with the law. Lying at this level will only exacerbate the misrepresentation. There is no statute of limitation on misrepresentation - it can come back to haunt you years in the future. Why take the risk? Reporting the situation listed on the appropriate form does not make your fiancee ineligible to receive a visa; misrepresentation carries a sentence of deportation and up to a permanent ban upon returning to the US. USCIS is more concerned by the fact that someone lied which means they are not of good moral character, thus are not eligible for immigration benefits. In trying to 'protect' yourself from scrutiny due to an encounter with the law, you are actually committing a far more damaging liability to your situation.

Anyone who tells you to lie or misrepresent the truth on any USCIS or Department of State documentation is doing you no favours.

Edited January 15, 2012 by Kathryn41

[I AM NOT THAT GUY 5,715]

The FBI database contains a record of all arrests, court appearances, convictions, and time served. Even if the record is sealed, or expunged, or the offenses pardoned, that record is still available to the FBI for security checks, even though it may not appear on local or state record checks.

[blackflash 7]

Thank you so much Kathryn41 I already planned on doing it the right way your answer is priceless i cannot believe this site is free to its users. once approved i promise to be here to share my journey with others and always provide the correct information. thank you thank you than you. btw i am filing DCF and got my i-130 approved withing less than a month! my next step is the DS-230 so now im on track !ill post a time line update sooon!! thanks again