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SamIves85

Subject Access questions

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Filed: K-1 Visa Country: England
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Hi all. This is my first post here. So far I've managed to get a lot of information from this sites users so thanks for that!

I have a question about the subject access though.

Just a little background, I had committed a couple of minor offences in the past, 2009 being the most recent. None of them fall into crimes involving moral turpitude.

I applied for my police certificate and for my subject access. I received the police certificate pretty fast, followed by a document which had "subject access" on it. The contents of this document are printed on white paper and goes into detail about my last arrest.

Just yesterday I received another document in the post which has a list of my previous offences. This also has "subject access" on it but this form is printed on an ACRO background with two blue bands, one on the top and one on the bottom.

My question is: which document(s) do I take with me to the interview at the US Embassy? The white form, the blue form or both? The reason I ask is because the white form goes into detail about the arrest and it makes me look worse than I actually am; the original charge was lowered to a lesser charge.

To be honest, I'd rather just take in the blue form so I don't have to justify the extra details on the white form.

Also, I've read mixed answers about declaring offences pre-18 years old. Do I have to be open and tell them EVERYTHING I have ever done or could I just say nothing unless they ask me about it?

Thanks,

-Sam-

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You must declare everything. Failing to disclose an incident can lead to a charge of misrepresentation. And bring ALL records related to the incidents. Even though immigration law excuses particular infractions and exempts certain things under 18, you still need to mention them. If you are not inadmissible for a visa based on criminal grounds, it doesn't matter how bad the records make you seem, the actual infractions won't cause a problem, unless those infractions in fact do trigger an inadmissibility. Moral character overall is not a factor in immigrant visa issuance unless any infraction committed falls under a section of the law that activates a ban. So it doesn't matter how bad it looks or sounds on paper. They'll want to see all the records to make sure no inadmissibilities apply, but they're not going to use those as a reason to deny a visa unless the law says they must.

Edited by GlobeHopperMama

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

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You can find me at

Immigrate2us.net as Los G :)

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