Felony convictions in past

[ohzee64 1]

I believe that I read somewhere if you have past drug charges as the petitioner that your case can be denied. Anyone know if this is the case? I am still early in my petition waiting for NOA2 but did not disclose on the application because it was not 3 or more. No violence or child abuse or trafficking but again,I said no on the application because it was not 3 or more now I am thinking I should have front loaded the application with the police reports in case they ask. I had challenges but no more. i am sober 7 years and ready to start my life with him. My fiancé was not happy but he is supportive and understands people make mistakes in their lives. My fiancé knows just in case they ask him about my past and it was twice once in 1989 the other 2008. any experience with this and could this cause my application to be denied? Getting worried my past will come back to haunt me. If you know or have experience please respond.

thanks

[Tim/Mav 305]

I believe that I read somewhere if you have past drug charges as the petitioner that your case can be denied. Anyone know if this is the case? I am still early in my petition waiting for NOA2 but did not disclose on the application because it was not 3 or more. No violence or child abuse or trafficking but again,I said no on the application because it was not 3 or more now I am thinking I should have front loaded the application with the police reports in case they ask. I had challenges but no more. i am sober 7 years and ready to start my life with him. My fiancé was not happy but he is supportive and understands people make mistakes in their lives. My fiancé knows just in case they ask him about my past and it was twice once in 1989 the other 2008. any experience with this and could this cause my application to be denied? Getting worried my past will come back to haunt me. If you know or have experience please respond.

thanks

I don't know what the offenses were but you will need Certified/Stamped/Courthouse Seals and current updates to the outcome of each offense in Original...(A small Charge of Course) you will get a RFE for the 2 prior offenses. Each Courthouse/or one will have a final deposition of each Case and you will need that. You said FELONY in your post. Are you sure that's the charge(s).. If it is. Then worry. None the less.. Get these from each/or/one Courthouse in the County you live. All is not lost. Be Pre-pared.

[Jawaree 717]

Petitioners need not disclose any convictions unless the crime falls unders AWA.

Beneficiaries MUST disclose all crimes (even if no time served) & produce a disposition.

Beneficiary is who USCIS wants their records , however beneficiaries MUST also

know the details of all crimes a petitioner has proving the relationship is based on

honesty & no secrets, often-times CO will asked the person being interviewed if they

know about spouse crime, what where and when., child support (if any) & even bankruptsy

Please do not send PETITIONERS criminal case with application, it is NOT required

[Tim/Mav 305]

Petitioners need not disclose any convictions unless the crime falls unders AWA.

Beneficiaries MUST disclose all crimes (even if no time served) & produce a disposition.

Beneficiary is who USCIS wants their records , however beneficiaries MUST also

know the details of all crimes a petitioner has proving the relationship is based on

honesty & no secrets, often-times CO will asked the person being interviewed if they

know about spouse crime, what where and when., child support (if any) & even bankruptsy

Please do not send PETITIONERS criminal case with application, it is NOT required

This is FALSE and a Bad Statement for others.

[Jawaree 717]

How is it false ?, stop posting on issues you don't know,NO petitioner

police record or convictions is required to be sent in with a petition,

the beneficiary arrests and convictions are required.Dispositions etc

Petitioners convictions or arrest comes into play when the matter falls

under the Adam Walsh Act.

Why do ppl get on a forum and try to be rude , I addressed the OP

The filer =Petitioner Beneficiary/applicant= person being petitioned

have a nice day

[j&ana 363]

According to the IMBRA, you only need to disclose on the I29f petition if there has been 3 or more drug or alcohol related offenses.

[Jawaree 717]

According to the IMBRA, you only need to disclose on the I29f petition if there has been 3 or more drug or alcohol related offenses.

I am always willing to learn ,,,,would disclosure be mandatory for the petitioner or beneficiary

THX for responsing

Edited April 22, 2015 by Jawaree

[j&ana 363]

I am always willing to learn ,,,,would disclosure be mandatory for the petitioner or beneficiary

THX for responsing

The petitioner would need to disclose it

the beneficary will need police clearance from countries they had live in

they may or may not need a waiver depends on what the offense was

[KayDeeCee 4,891]

I am always willing to learn ,,,,would disclosure be mandatory for the petitioner or beneficiary

THX for responsing

Needs to be 3 or more drug and/or alcohol incidents.

3. What Documents Must You Submit to Comply With IMBRA?

a. 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.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is

cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other

person against an adult or youth victim who is protected from that person's acts under the domestic or family

violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,

peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,

false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise

from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your

criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your

petition under section 833(a)(5)(A)(ii) of IMBRA. In addition, under section 833(a)(5)(A)(iii) of IMBRA, any

criminal background information pertaining to you that USCIS may discover independently in adjudicating this

petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You

should also note that under section 833© of IMBRA, the name and contact information of any person who was

granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by you,

will remain confidential. However, your relationship to such person or victim (e.g., spouse, parent, former spouse)

will be disclosed.

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

[Jawaree 717]

OK I do understand disclosure by petitioner to the person they file for

BUT where does it states the Petitioner record & dispositions must be

a part of petition package....that's the part here I was making...I understand

the disclosure @ Kay I like to know what I talk about so please explain it as I

notice you are very aware & informative in lots of areas

[j&ana 363]

It is in the instructions for filling out the I-129f form

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

[ohzee64 1]

it is funny how the same information is interpreted. I appreciate everyone who tried to help me with this answer. I will have to leave it up to USCIS since they are in control. in the meantime one of my cases is 26 years old for possession would I still be able to get those court documents from 1989? another in 1998 and again in 2008. Long history I know but still don't want my past mistakes to ultimately get me a denial. In my application I selected no because none of my offenses were violent or sexual in nature and not even sure if I was convicted in 1989 no jail time or probation. I think it was thrown out. but would still be on my record I think. Anyway I did not send any documents from court with my paperwork and looks like I am a day away from the current processing time so I will have my real answer here shortly. thanks again all.

[KayDeeCee 4,891]

OK I do understand disclosure by petitioner to the person they file for

BUT where does it states the Petitioner record & dispositions must be

a part of petition package....that's the part here I was making...I understand

the disclosure @ Kay I like to know what I talk about so please explain it as I

notice you are very aware & informative in lots of areas

3. What Documents Must You Submit to Comply With IMBRA?

a. 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.

...

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

That is from the I-129F instructions. If you had any of those domestic or otherwise violent crimes, or you had 3 or more drug or alcohol convictions, then you must submit the records for each crime with your petition, even if you were cleared.

[VOL 425]

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your

criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your

petition under section 833(a)(5)(A)(ii) of IMBRA.

I am pretty sure the DOS nor anyone contacts beneficiary and informs them of your prior charges

IMBRA says they are going to do something, But I am sure they don't

[Jawaree 717]

That is from the I-129F instructions. If you had any of those domestic or otherwise violent crimes, or you had 3 or more drug or alcohol convictions, then you must submit the records for each crime with your petition, even if you were cleared.

Thank you Kay ...I stand corrected on this I 129 ....