Question regarding crimminal record

[billly 0]

to the experts on the k1 process regarding crimminal background. how much bearing does a felony stalking conviction have on the evaluation or petition. the record was explunged already. so do i just provide the certify police and court record. no need to explain in details on a letter about what happen right. need the expert advice.

[Hypnos 6,579]

Stalking has been held in the past to be a crime involving moral turpitude, which renders the offender inadmissible to the US.

You should consult with an attorney.

[billly 0]

the petitioner is the one with the stalking record that is

[Hypnos 6,579]

Then it might be an IMBRA issue but probably not an Adam Walsh Act issue, so the petitioner should be ok.

[billly 0]

is it serious enough to hire a lawyer? will the certify police and court record alone do it and speak for itself or do i have to explain in detail what happen. so far the local PD record shows only vehicle violation and nothing more. Court Record has been expunged already. i really don't wanna drop 2 grand on a lawyer if i don't have to. need serious advice and recomnendation. thanks

[stevie b 141]

yours is a unique case and i am fairly sure nobody here will be able to answer you. give those lawyers a try.. free consultations to discuss your case are abundant

[Hypnos 6,579]

I would at least have a consultation with an attorney to investigate any possible issues.

Many will do so for free.

http://www.avvo.com can be a good place to find reputable, local attorneys, and you can filter them to show free consultations, also.

[billly 0]

i put this question to an "Immigration Lawyer" on justanswer and this is his reply.

"Unfortunately, it is a big deal. That it was expunged is meaningless in this context because the government can always see it. So I would STRONGLY recommend hiring an attorney to process your K-1. Why? Because you only have ONE CHANCE, let me repeat, ONE CHANCE to prove to the U.S. Department of State that you are not a danger to the immigrant. There are NO APPEALS to a denial. This is why I have to recommend using an attorney...

This is the type of conviction that they easily deny K visas for."

do you guys agree or disagree with him. what does it mean "one chance"? wouldn't an RFE be a second chance or couldn't i refile the k1 process all over again with the same person but with more support evidence? the incident happen over 10 years ago and since that time i have been clean.

[stevie b 141]

i put this question to an "Immigration Lawyer" on justanswer and this is his reply.

"Unfortunately, it is a big deal. That it was expunged is meaningless in this context because the government can always see it. So I would STRONGLY recommend hiring an attorney to process your K-1. Why? Because you only have ONE CHANCE, let me repeat, ONE CHANCE to prove to the U.S. Department of State that you are not a danger to the immigrant. There are NO APPEALS to a denial. This is why I have to recommend using an attorney...

This is the type of conviction that they easily deny K visas for."

do you guys agree or disagree with him. what does it mean "one chance"? wouldn't an RFE be a second chance or couldn't i refile the k1 process all over again with the same person but with more support evidence? the incident happen over 10 years ago and since that time i have been clean.

you are best off getting a range of responses from immigration attourneys and taking it from there... like i said do you really think anyone here had the same situation as you in the past?

[Hypnos 6,579]

I would certainly second asking multiple lawyers about it.

[PAK2015 F2B 9]

consult from lawyer.

[baron555 934]

to the experts on the k1 process regarding crimminal background. how much bearing does a felony stalking conviction have on the evaluation or petition. the record was explunged already. so do i just provide the certify police and court record. no need to explain in details on a letter about what happen right. need the expert advice.

Even though you think the record was removed, it really wasn't and USCIS will be able to see that during their checks.

Yes you should mark yes and include the certified court records and any records of completing the required sentence.

Ensure your fiance knows all about it.

i put this question to an "Immigration Lawyer" on justanswer and this is his reply.

"Unfortunately, it is a big deal. That it was expunged is meaningless in this context because the government can always see it. So I would STRONGLY recommend hiring an attorney to process your K-1. Why? Because you only have ONE CHANCE, let me repeat, ONE CHANCE to prove to the U.S. Department of State that you are not a danger to the immigrant. There are NO APPEALS to a denial. This is why I have to recommend using an attorney...

This is the type of conviction that they easily deny K visas for."

do you guys agree or disagree with him. what does it mean "one chance"? wouldn't an RFE be a second chance or couldn't i refile the k1 process all over again with the same person but with more support evidence? the incident happen over 10 years ago and since that time i have been clean.

I can't disagree with this advice. If it were me, I would hire a good attorney experienced with this.

[GreatDane 366]

I would do a quick free consult with an immigration lawyer, similar as you would when interviewing them.

Maybe not the most ethical, but if you cant afford it its a good solution.

Any small mistakes can have big consequences with regards to a visa. I wouldnt think it would make you unable to be a petitioner, but it would most likely flag your application and put it under more scrutiny.

[Krikit 1,166]

i put this question to an "Immigration Lawyer" on justanswer and this is his reply.

"Unfortunately, it is a big deal. That it was expunged is meaningless in this context because the government can always see it. So I would STRONGLY recommend hiring an attorney to process your K-1. Why? Because you only have ONE CHANCE, let me repeat, ONE CHANCE to prove to the U.S. Department of State that you are not a danger to the immigrant. There are NO APPEALS to a denial. This is why I have to recommend using an attorney...

This is the type of conviction that they easily deny K visas for."

do you guys agree or disagree with him. what does it mean "one chance"? wouldn't an RFE be a second chance or couldn't i refile the k1 process all over again with the same person but with more support evidence? the incident happen over 10 years ago and since that time i have been clean.

An RFE is not a second chance. The denial comes after an RFE. If you refile after a denial, you are still going to have to address the reason(s) for the denial.

[Tim/Mav 305]

Even though you think the record was removed, it really wasn't and USCIS will be able to see that during their checks.

Yes you should mark yes and include the certified court records and any records of completing the required sentence.

Ensure your fiance knows all about it.

I can't disagree with this advice. If it were me, I would hire a good attorney experienced with this.

THIS IS THE BEST ADVICE FROM 2 MEMBERS. It would be exactly what an Attourney would do. And charge you for it. USCIS does not reconize Expungments. They do take into consideration proof of treatment, letters from providers, etc. So, I going to agree with Baron that this is the best course.