Conviction in I-129F

[Ontarkie 13,952]

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?

See the bold part. You got a conditional discharge so you were convicted. They just gave you a discharge which means it will not show up on any police check/FBI check. It doesn't mean the charges were dismissed and when it comes to immigration you still need to mark yes. Work wise you are free to mark no but not with immigration. Conditional discharge is still a conviction.

Edited January 28, 2014 by Ontarkie

[Jawaree 717]

Go with your desire bro, but can U come back and let us know the true outcome,

iy may help someone else...this is just a forum of experiences , thoughts and ideas

no lawyers so do what U feel is best and good luck dude.....do remember at the

naturalization stage (if u intend to) Mantis, condors and far more vetting is doe

[yailukmuu 26]

In this case I'd go back to your lawyer, ask to have a CORI (Criminal Offenders Report, or whatever it is in your state) done. Then have the lawyer write a letter and attach the CORI with the letter stating: No conviction.

No conviction is No conviction.

Still, as I'm a nurse and realizing that the Board of Nursing can get really antsy and uppity as might USCIS I do suggest to anyone who asks me in the case of a sealed record to admit it. I know of one person who did so, and they are licensed now. But this is not a pardoned or nulled or sealed--it is a no conviction.

At least if the brown stuff should hit the fan due to some mix-up where in some places your were "convictied" and other places where you have "no conviction" you will be armed with appropriate legal documentation that says: No conviction. This might not afford perfect protection but it at least shows that you believed and your attorney believed "no conviction."

[raven52 233]

Page 3, all questions are looking for violent offenders, read IT closely, and domestic abuse is one of the things listed. Also, 3 convictions of druken driving, and drug related charges, BUT no-where does it refer to a "white collar" crime even if a feloney, if you do not believe it, read it, closely, again, it is not there!

I had a friend that went through this, and was convicted over 20 years ago of a "white collar" feloney, and he did not mention it but seent two letters fromhis present attorney and the attorney of record 20 years ago, and both advised him to not answer anything concerning this, as "it is not listed" in the application, taking a bribe as a govt. employee, over 20 years ago, IT was not ever mentioned through the K-1 nor the AOS.

But a domestic charge, as it asks, about that in certain words, I would be very careful, IF all is exactly as he says, then I think I would avoid it, but back your void of the questions with documentations.

[Boggy1974 124]

It is possible to be ordered by a court to do something without being convicted. For example a jiudge can order you to attend anger management class and once you finish it you come back to court and the case gets dismissed in consideration.

So don't assume that just because the judge made you do something there was a conviction.

Great advise/comment!

[binacachugger 0]

Well I called my attorney and they said I have NO CONVICTION , also I checked on the courthouse website and all show as dismissed.

H35-42-2-1.3(MA) Domestic Battery Conditional Discharge 2003-05-12 Class A Misdemeanor 030L04610

H35-42-2-1.3(MA) Domestic Battery Charge Dismissed State 2009-05-01 Class A Misdemeanor 030L04610

Jesse Villalpando HA-Crim.Misd/D Felony Init Hear Dismissed Room 4 - Hammond (219) 933-2850 2003-05-12 08:45 AM

Jesse Villalpando D12 Conditional Discharge Review Dismissed Room 4 - Hammond (219) 933-2850 2003-11-17 08:45 AM

Jesse Villalpando D12 Criminal Initial Hearing Dismissed Room 4 - Hammond (219) 933-2850 2003-12-22 08:45 AM

Jesse Villalpando D12 Omnibus Hearing Dismissed Room 4 - Hammond (219) 933-2850 2004-03-21 08:45 AM

and on 04-01-13 the case file was destroyed.

I answered no and sent it in... Hopefully I will not get an RFE for it

Edited February 12, 2014 by binacachugger

[Broken2019 4]

Anything that you have been convicted of whether charges was dropped or dismissed you still have to put it down with supporting paperwork

[Removed030114 48]

Anything that you have been convicted of whether charges was dropped or dismissed you still have to put it down with supporting paperwork

Let's clarify something here. You cannot be both "convicted" and have charges "dropped." If the charges are dropped or the DA decides not to prosecute (nolle pros) it is NOT a conviction and the petitioner should mark the checkbox "NO" on the I-129F.

Edited February 12, 2014 by CNTrav

[binacachugger 0]

Update....

I got an RFE, not for this but for documents pertaining to meeting in the last 2 years. I did NOT disclose this. I also checked with the attorney who represented me and there is NO conviction on my record for it, I also checked the county website and it said "File Destroyed". But none the less this had no effect.

[Papetica09 16]

He's checked his record to the best of his ability and it shows no convictions. Now, if for some reason there is a conviction then I agree that he not only should not be in possession of a firearm, but also be heavily scrutinized as to whether his K1 is approved. Again, the instructions for the I-129f refer to convictions only. He's done his work. He can submit the I-129f form and mark it as having "no convictions" for the requested crimes. If in the process of the government background check they find that there is a conviction, then they will submit to him an RFE for court and arrest records. For now, he doesn't need to do that.

Wowwww I hope the OP is paying you for your defense ! ??