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Loverboy

Petitioner juvenile records.

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Hi all,

 

My fiance and I are almost ready to submit our petition. I'm the petitioner and was a little misguided in my youth. 

 

2 cases.

 

1st case  is Misdemeanor harassment: strike shove kicked. (Against my stepfather whom i lived with).

 

Adjudicated Delinquent, did probation.

 

2nd case.

 

Felony Motor vehicle theft (set aside) 

 

Misdemeanor theft....guilty plea entered and deferred adjudication pending probation outcome on case 1. Dismissed.

 

Have certified court records. Check

 

In part 3 2b it asks about arrests or convictions for domestic violence. And in the instructions one of the terms is cohabitates or cohabitated with the victim (most other legal definitions dont make this dv, but uscis does?).

 

For that case i wasn't arrested. Only referred to the DA who decided to go ahead with charges

Theres also a history of uscis not considering juvenile adjudications as convictions unless tried as an adult. As much of the legal system doesn't.

 

Do i tick this box or just handle both under 4? Initially given definitions i checked it, but on reviewing the records i dont think i fall under that category. 

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Filed: K-1 Visa Country: Ukraine
Timeline

just my 2 cents on this....you need a lawyer on this. your case is not just a do it yourself case. you will likely have an RFE and they will ask for detailed description of the court outcome on both cases. VJ is not where you should be looking for some major advice now. Good luck.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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I have certified records from the court ready to go. And as far as i can tell there's nothing to deny the petition over given these happened over a decade ago by a dumb kid. Its really a matter of which boxes to check. And theres people here with that experience. I do believe a lawyer is overkill given it wouldn't run into waver issues. Thanks though!

Edited by Loverboy
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2 hours ago, Loverboy said:

I have certified records from the court ready to go. And as far as i can tell there's nothing to deny the petition over given these happened over a decade ago by a dumb kid. Its really a matter of which boxes to check. And theres people here with that experience. I do believe a lawyer is overkill given it wouldn't run into waver issues. Thanks though!

Since you are the petitioner I agree that you definitely should be fine. I’d handle both under 4 as well. Submit all documentation you have about your cases and you’re good to go. 

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