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Filed: Timeline
Posted

Ok so back in 2002 with my wife we had a fight, the neighbors called the police who came and they have a "We come out for a domestic someone is getting charged" policy... Well since I left before they got there and talked to her they charged me with it (I was never arrested, booked, or even saw the inside of the PD) about a month later I was shocked to get a letter to come to court that's when I found out I was being charged with a domestic charge, I didn't have a lawyer so I took the public defender (ugh) who had me do anger management classes blah blah... Needless to say I didn't finish them, went back to court, the judge gave me an extension, I still didn't do it ($50 a class and I was working min wage job to support myself wife and new baby) so I knew if I went back to court I was going to jail and it was going to stick... SO I never went back to court, a bench warrant got issued......

Fast forward to 2008, I was pulled over because the cop did a random plate run and that 2002 bench warrant came up... So I was took to county and mug shots and finger prints were taken I spent all of 3 hours there (was never told I was charged with anything just picked up for a BW), well by this time I was in a better place and was able to hire a lawyer (I had to pay $500 to get out for the bench warrant). So I paid the lawyer and never went back to court (I actually called them a year later to see what was going on with my case), they said they got a conditional discharge on it... meaning if I had not been in trouble for the last 6 months they went back opened the case back up, changed the plea to a not guilty (you have to plea guilty the first time) and dismissed the charges. Well none the less that's what happened.

Well since my wife passed away in early 2009 I started collecting guns.... I pass the NICS check (which if you are convicted of Domestic Violence you can not buy guns or ammo)... I have obtained a license to carry a firearm in my state (same as where this all happened) I have ran a background check on myself using a service and nothing turned up.....

SO my question is should I disclose this on the I-129F as a conviction?

Filed: Timeline
Posted

You need to contact the clerk of court that handled your domestic case. You stood before the judge and were given a sentence, so in the eyes of the law it's viewed as a conviction. Additionally, you did not complete the anger management course and as a result had a bench warrant issued against you. I suggest you contact a criminal immigration attorney to assist you with your case. Don't assume that because you were able to buy a gun that you are clear. As you describe your case here you can be sure that the FBI background check will have all the info.

Filed: K-1 Visa Country: Singapore
Timeline
Posted

I would wager yes. From the I-129F instructions:

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every conviction. You must do so even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

- Domestic violence, sexual assualt, child abuse and neglect, dating violence, elder abuse, and stalkng.

The term domestic violence includes felony or misdemeanor crimes of violence commited by a current or former spouse of the victim [...]

Flying to Seattle on 6 May 2014!

Filed: Timeline
Posted (edited)

I would wager yes. From the I-129F instructions:

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every conviction. You must do so even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

- Domestic violence, sexual assualt, child abuse and neglect, dating violence, elder abuse, and stalkng.

The term domestic violence includes felony or misdemeanor crimes of violence commited by a current or former spouse of the victim [...]

It's important to be clear here that the I-129F instructions require listing only a "CONVICTION". Being charged with a crime of domestic violence does not mean the defendant will be convicted in the court. The OP thinks he's free and clear on the domestic violence charge because he's able to buy guns, and is not able to see the conviction when he ran his own background check. However, the way he explained the case sounds very iffy indeed. Also, being arrested for a crime does not equal a CONVICTION. The only way someone can be convicted is in a court of law. That's why in the OP's case it appears that he was in fact convicted and required to attend anger management classes. He self describes that he chose NOT to complete the course and as a result had a bench warrant issued against him. Subsequently he was picked up for that bench warrant and arrested.

I find this case rather troubling in that it appears he has slipped through the cracks of firearm background checks. He says he is now collecting guns. It would be prudent for him to contact a criminal immigration attorney immediately who is better equipped to contact the court for clarification as to the status of the domestic violence charge. If in fact he was convicted and slipped through the cracks of justice, it will be virtually impossible to be approved on the I-129f. If he chooses to file and omit this charge from the I-129f, then his case may face an RFE or a flat denial. He should also be prepared for the police to knock on his door and take his guns.

Edited by CNTrav
Filed: Timeline
Posted (edited)

Yes full disclosure.

There is a lot of misinformation out there that suggest the petitioner list information that is NOT required on the I-129f. The instructions for the I-129f are quite specific and require the petitioner to list and indicate any felony or misdemeanor CONVICTION. There is no requirement to list a charge that was dismissed or one in which the petitioner was found NOT GUILTY. An attorney will always suggest that you be honest, but only provide answers to the questions asked. In this case the questions are regarding convictions.

Anyone convicted of one of the crimes on the I-129f will be aware they were convicted as they stood before a judge and faced the music. If in doubt, then it's time to talk to a lawyer. Never ever provide more information regarding these questions than what is requested. If someone has been convicted of one of the crimes, then they need to supply certified copies of the arrest record and the final disposition as ordered by the court.

Edited by CNTrav
Filed: Timeline
Posted

I haven't fell through the cracks with the firearms purchases, I was getting delayed every time I would apply, I got tired of having to wait the 3 days to get it so I opened up what is called a VAF, basically I sent the FBI my fingerprints and some other information and now I get cleared instantly so I'm sure if it was listed as a conviction the FBI would have found it during the 6 month investigation they did on me before issuing my UAF number.

This is what makes it confusing because the charges were dropped after the 6 month conditional discharge (they said they opened it back up and put a not guilty plea then the charges were dismissed).
I have had TONS of background checks ran and this has never come up on any of them

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

There is a lot of misinformation out there that suggest the petitioner list information that is NOT required on the I-129f. The instructions for the I-129f are quite specific and require the petitioner to list and indicate any felony or misdemeanor CONVICTION. There is no requirement to list a charge that was dismissed or one in which the petitioner was found NOT GUILTY. An attorney will always suggest that you be honest, but only provide answers to the questions asked. In this case the questions are regarding convictions.

Anyone convicted of one of the crimes on the I-129f will be aware they were convicted as they stood before a judge and faced the music. If in doubt, then it's time to talk to a lawyer. Never ever provide more information regarding these questions than what is requested. If someone has been convicted of one of the crimes, then they need to supply certified copies of the arrest record and the final disposition as ordered by the court.

Are you an attorney? Did you read the instructions? Seems you didn't. It specifically says to disclose it even if there was no conviction.


Filed: Timeline
Posted

Are you an attorney? Did you read the instructions? Seems you didn't. It specifically says to disclose it even if there was no conviction.

No, I am not an attorney and YES you are quite mistaken regarding the instructions for the I-129f. Look at page 3 of 9, item number 3. The directions clearly state: "If you have ever been convicted of the following crimes....:" Now I'm not sure what you're reading, but it's sure not the directions for the I-129f. Read them carefully. You may have become confused with the language that follows the opening sentence on item number 3, but the opening sentence is the key. It indicates CONVICTIONS.

Congratulations Binacachaugger. It's sounds like you're free and clear.

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Let me just say a non-conviction and charges dropped doesn't mean you are scott free. It's still on your record. Yes I sure would mention it. No record is ever erased and this is the government and you sure don't want a misrepresentation. You had a warrant and you went to jail even 3 hours is jail.

Heck I had a misdemeanor dog in car (its listed as cruelty to animals) that lost me a job and have had much issues.

You have a DV on file that is serious. Just the mere mention of it can be an issue. But it shouldn't stop a petition. Long as your current fiancee' is aware.

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Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Yes she is... She is aware of this thread too

That's really all that matters so when asked if asked at interview all is well. I see no issue really.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Filed: Timeline
Posted (edited)

Let me just say a non-conviction and charges dropped doesn't mean you are scott free. It's still on your record. Yes I sure would mention it. No record is ever erased and this is the government and you sure don't want a misrepresentation. You had a warrant and you went to jail even 3 hours is jail.

Heck I had a misdemeanor dog in car (its listed as cruelty to animals) that lost me a job and have had much issues.

You have a DV on file that is serious. Just the mere mention of it can be an issue. But it shouldn't stop a petition. Long as your current fiancee' is aware.

Let's remember that this is the United States. Now, given the climate in the US with many disregarding the US Constitution, it still remains the absolute law of the land. Most everyone is familiar with: "Innocent until proven guilty in a court of law." These words are the absolute and if someone is convicted in a court of law, then they are guilty. If there is no CONVICTION then they are innocent. Never confuse being charged with a crime with a conviction. There is no requirement to add a previous arrest or charge in which the state or federal government failed to prove or dropped charges. Any criminal/immigration attorney will tell you the same.

Edited by CNTrav
 
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