Conviction in I-129F

[David & Diana R 1,005]

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?

First off I can tell by reading your post that we are not hearing the entire story here. If I were you I would get rid of all of my guns. Anyone convicted of spousal abuse (VAWA) can never own and/or possess any guns or ammunition. Rarely there could be an acception if the case was expunged by Presidential pardon, Governor pardon, etc...but like I said that is rare. What is an NICS check? Do you mean the NCIC check? What were you thinking when you refused to do your classes, etc?????

[Removed030114 48]

First off I can tell by reading your post that we are not hearing the entire story here. If I were you I would get rid of all of my guns. Anyone convicted of spousal abuse (VAWA) can never own and/or possess any guns or ammunition. Rarely there could be an acception if the case was expunged by Presidential pardon, Governor pardon, etc...but like I said that is rare. What is an NICS check? Do you mean the NCIC check? What were you thinking when you refused to do your classes, etc?????

The OP has already explained that his record does not indicate a conviction. This is America. It's legal to own guns here.

[David & Diana R 1,005]

The OP has already explained that his record does not indicate a conviction. This is America. It's legal to own guns here.

He might be under the misconception that his record is clear but that might not be the case. By the way, I also have guns, I have 3 AR-15's, a Colt 45 and several shotguns and other firearms. The difference here is I do not have any abuse convictions.

God Bless America

[Removed030114 48]

He might be under the misconception that his record is clear but that might not be the case. By the way, I also have guns, I have 3 AR-15's, a Colt 45 and several shotguns and other firearms. The difference here is I do not have any abuse convictions.

God Bless America

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.

Edited January 28, 2014 by CNTrav

[David & Diana R 1,005]

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.

It's possible that a DANC (Deferred Acceptance of No Contest) or DAG (Deferred Acceptance of Guilt) plea was done in court. However, he states that he never went to court and that his attorney accomplished this without him being there. This would be highly unusual as I have never seen a judge accept one of these pleas without first explaing the terms to the defendant personally on the court record. I think there is some missing information here. But yes perhaps he has done his homework but I would suggest going to the Police Station and getting his record directly from them. We can do it here, it cost's 25 dollars and you get it immediately. This might be the safest thing he can do to cover his you know what.

Aloha!

[Removed030114 48]

It's possible that a DANC (Deferred Acceptance of No Contest) or DAG (Deferred Acceptance of Guilt) plea was done in court. However, he states that he never went to court and that his attorney accomplished this without him being there. This would be highly unusual as I have never seen a judge accept one of these pleas without first explaing the terms to the defendant personally on the court record. I think there is some missing information here. But yes perhaps he has done his homework but I would suggest going to the Police Station and getting his record directly from them. We can do it here, it cost's 25 dollars and you get it immediately. This might be the safest thing he can do to cover his you know what.

Aloha!

Agreed! It's the next best step he can do before filing. He should go there in person to discuss with them exactly what he is doing and ask for their help.

[Removed030114 48]

It's possible that a DANC (Deferred Acceptance of No Contest) or DAG (Deferred Acceptance of Guilt) plea was done in court. However, he states that he never went to court and that his attorney accomplished this without him being there. This would be highly unusual as I have never seen a judge accept one of these pleas without first explaing the terms to the defendant personally on the court record. I think there is some missing information here. But yes perhaps he has done his homework but I would suggest going to the Police Station and getting his record directly from them. We can do it here, it cost's 25 dollars and you get it immediately. This might be the safest thing he can do to cover his you know what.

Aloha!

Agreed! It's the next best step he can do before filing. He should go there in person to discuss with them exactly what he is doing and ask for their help.

[binacachugger 0]

I should retitle this as charged because I was not convicted, I checked with my attorney who said no they were cleared and I have no convictions on my record.

Also The FBI surely would have found it before they gave my my UPIN number which basically means they keep an updated record on me at all times, anything wrong they would have been here, also I have a state CCW for several years... I'm sure that would have shown up and I would have had the local PD here.

Trust me if there was a problem I would have already had my local or feds here wanting to take some of my weapons and accessories (all fully registered in my name with tax stamps as required by federal law)... My background has been thoroughly investigated by federal down to my local PD.... So I'm sure one of them would have found if I was actually convicted and would have to claim it, since I would fail every background check they do.
I have seen on applications where it asks have you ever been CHARGED with.... which is different than CONVICTED

[Al422 221]

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.

[Cori and Rob 55]

OP, I interpret the rules as you have to disclose your history with your previous charges, but it's really up to you. If you choose not to do it and the adjudicator sees it's missing, you may get an RFE. Not sure if non-disclosure will lead to a visa denial since you are the USC and not the beneficiary.

[David & Diana R 1,005]

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.

Agreed!

[Jawaree 719]

My take...am no atty...I would not omit that little *no conviction* where USCIS

is concerned, they turn cases into felonies, do not accept pardons & even when

there had been no formal charges since immigration law says they even look at

the sentence one could have gotten in making their decisions.

To me it seem although your wife pressed no charges, they contacted U via mail

so the state picked up the charges, because U were sent to anger management,

also U thumb your nose at a few hearings U should have gone to.

I'd suggest U hire an atty that practices criminal/immigration law who knows what

to do in both instances & not look to a forum to sort out this matter, this is not a DIY case

non-disclosures leads to denial & bans....Lots of FAM reading shows U don't have to be convicted just arrested

Edited January 28, 2014 by Jawaree

[binacachugger 0]

I'm just going to try it on my own... If anything comes up I'll hire an attorney, It does say convicted, which I have 0 convictions (other than speeding tickets). So I'll just mark it no, if they do send it back then I'll get an attorney.

I have done many things that required a background check, as a matter of fact I HAD to have a background check for specifically for DV and nothing came up when I went to a Russian Dating agency a few years back.

[Steve&Ema 25]

Wow so much bad advice! I would just answer no on that question since you were never convicted of anything and your record is clear.

I was arrested when I was 18 for something pretty serious (I won't go into detail here) but the case was dropped and I never was convicted.

I answered no to all the questions and had no problems.

I also don't know what an attorney would do for you, except take your money.

[binacachugger 0]

Thanks Steve.... Worst case I can move to Colombia
But I am going to just put no, I wasn't convicted and have enough info now that I think I should be fine.