Crime MIP .... legal advice :)

[Eri&Greg 5]

Ugh ...

So when I filled out the I-129F and ask if I have ever been convicted of a crime for the crimes listed I said no because I did my back ground check through the state of Michigan and didn’t see anything.... but I have been convicted for 2 or 3 MIP's of alcohol in the State of Michigan and because I didn’t see anything on my record I assumed these were like traffic tickets and didn’t go on my criminal record.

So my question does anyone know what MIP’s are classified as because they didn’t show up on my criminal record that I paid the state of Michigan to run on me.

And if I should have said yes to the question will they deny me or RFE me?

Thanks

[TBoneTX 47,548]

MIP = "minor in possession," one presumes.

[Eri&Greg 5]

yes , minor in possession.

[Ozgirl1981 78]

My only thoughts are that later during the K1 process, you will need a police certificate. Let's hope your convictions dont show up on that cause USCIS will know that you have mislead them. Could raise a big red flag.

Edited May 15, 2013 by Ozgirl1981

[yorubaqueen13 28]

Juvenile records are sealed as long as the P has not been convicted for Felonies as an adult. The Government can however request juvenile records and see them but u can not on the MSP website cuz the FOIA act does not include juvenile history. They will see them only if they request juvenile records. However, even if they do, minor in possesion is only a misdemeanor therefor i dont kno that it would stop ur petition but u may get an RFE requesting detailed reports of each instance

[Eri&Greg 5]

thank you for your reply .... also I should have added I was ticked between the ages of 18 and 20 and can only assume I wouldn't be a juvenile?

also I know that the MIPs showed up on my driving record ... maybe Michigan only post on your driving record and not criminal ?

I also found this on google;

"

In Texas - you can get a Minor in Possession for alcohol if you are under the age of 21. You can be 18,19 or 20.

So, the comments about this being a juvenile thing and having it erased off your record isn't necessarily true. You can get an MIP when you are not a juvenile.

However - I look at criminal histories all the time. And, when I am going through an initial interview with someone on probation - I cover that oerson's criminal history. Quite often a person tells me about arrests that did't make it onto their criminal history (for a variety of reasons).

I have NEVER seen the charge of Minor in Possession on anyone's criminal history here in Texas. And, I have had many young guys tell me of such arrests. So, after 7 years of doing this, I do not beleive that offense ever makes it onto the criminal history - even if you are arrested for it.

I can't speak for other states, however.

Source(s):

16 years in criminal justice - the last 7 as a probation officer.

"