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Jenny17655

criminal history petitioner

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Posted (edited)

I have been going over the forum and have been seeing people posting about criminal history for the petitioner on for I129F and receiving RFE's looking for court records.  The part of the form in question is Part 3 questions 2A, 2B and 2C.  Those questions are very specific.  They are not asking have you EVER been arrested.  They are asking have you ever been arrested for THE FOLLOWING CRIMES.  If you have not been arrested for those crimes I would not list the offense on the application.  Once you list an arrest even if it was not what USCIS was asking for it will trigger an RFE for the court documents.  Please read the questions carefully and give them only the information they are seeking.  Criminal history of the petitioner is looked at differently than that of the beneficiary.  The DS160 clearly asks HAVE YOU EVER BEEN ARRESTED. Someone please correct me if I am wrong but I feel like I'm right about this one.  I have been arrested but not for any of those things.  I did not include it in my petition and I did not receive an RFE.

Edited by Jenny17655

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8 minutes ago, Jenny17655 said:

I have been going over the forum and have been seeing people posting about criminal history for the petitioner on for I129F and receiving RFE's looking for court records.  The part of the form in question is Part 3 questions 2A, 2B and 2C.  Those questions are very specific.  They are not asking have you EVER been arrested.  They are asking have you ever been arrested for THE FOLLOWING CRIMES.  If you have not been arrested for those crimes I would not list the offense on the application.  Once you list an arrest even if it was not what USCIS was asking for it will trigger an RFE for the court documents.  Please read the questions carefully and give them only the information they are seeking.  Criminal history of the petitioner is looked at differently than that of the beneficiary.  The DS160 clearly asks HAVE YOU EVER BEEN ARRESTED. Someone please correct me if I am wrong but I feel like I'm right about this one.  I have been arrested but not for any of those things.  I did not include it in my petition and I did not receive an RFE.

I am not entirely sure on this one, but I somehow feel that it is better to be up front and disclose everything.  I could be wrong though.  


Thank you so much, everyone!

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QUESTIONS 2-3 are about specific crimes, question 4 is about ANY crime.

 

What was it that you did not disclose? Where are you in the process?

 

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted,
convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than
those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved
a fine of $500 or more, you do not need to provide information on it.
Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information
that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment,
conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each
incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation,
charge, indictment, conviction, fine, or imprisonment.
If you need extra space to complete this section, use the space provided in Part 8. Additional Information.

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49 minutes ago, Damara said:

QUESTIONS 2-3 are about specific crimes, question 4 is about ANY crime.

 

What was it that you did not disclose? Where are you in the process?

 

Item Number 4.a. Criminal Information. Indicate whether you have ever been arrested, cited, charged, indicted,
convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than
those you have already outlined in the previous section. Unless a traffic incident was alcohol- or drug-related or involved
a fine of $500 or more, you do not need to provide information on it.
Item Number 4.b. Criminal History Documents. If you indicated “Yes” in Item Number 4.a., provide information
that explains the circumstances, places, dates, and outcomes for each incident of arrest, citation, charge, indictment,
conviction, fine, or imprisonment. You must submit court certified copies of the arrest record and/or disposition for each
incident unless you submit a certified statement from the court indicating that no record exists of your arrest, citation,
charge, indictment, conviction, fine, or imprisonment.
If you need extra space to complete this section, use the space provided in Part 8. Additional Information.

What prompted me to write the post was a question about reckless driving. Seems like that us something that fors not need to be disclosed if it was not drug/alcohol related and did not result in a fine over $500

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If the crime is a civil infraction it does not need to disclosed. 

If crime is a  misdemeanor, carried any jail time it has to be disclosed. 


event.png

 

https://egov.uscis.gov/casestatus/landing.do OLD SITE

 

https://myaccount.uscis.dhs.gov/ NEW SITE

 

https://www.house.gov/representatives US Congressmen 

 

https://www.senate.gov/general/contact_information/senators_cfm.cfm US Senators 

 

IN REGARDS TO WHICH DATE TO USE!!!!!!!!!!!!!!!!!!

noa1 date is actually they date on ur hard copy. Sadly if u reach the magical 220 day u must wait till 225 to contact Uscis. They use what the new site says. Even if ur paper says X date. 

They added 5 days onto everyone’s accepted on NOA1

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Not long ago there was a couple who were declined because they didn't answer the question YES on an expunged case as a youth. So IMHO I would list everything but in the end it's up to you. He regrets not answering the question but it happened so many years ago and in his mind it didn't exist anymore. But it's in his file somewhere as the background check turned it up.


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Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Posted (edited)
16 hours ago, BJ & Christine said:

If the crime is a civil infraction it does not need to disclosed. 

If crime is a  misdemeanor, carried any jail time it has to be disclosed. 

So dpendant on what my police report says do I need to declare my fixed penalty fine for littering which wasn't a criminal offence as I paid it?

Edited by AmandaandChayne

Late 2016: Met playing Clash of Kings the West

Feb 2017: Started online "dating"

May 2017: Met in Orlando

July 2017: Arkansas and Seminole (1 night) visit

October 2017: Washington DC visit.

December 2017: Seminole OKC home visit and Amanda  met Chayne's kids and dad.

January 2018:  York England visit Chayne met Amanda's son.

April 2018: London/Paris/York visit we got engaged on April 6th!!

April 19th 2018: packet sent

April 23rd 2018: USPS say packet signed for.

April 25th 2018: Electronic NOA1 received 

April 26th 2018: Cheque Cashed

April 30th 2018: hard copy NOA1 received

June 2018: Seminole visit, Amanda met Chayne's  adult son

 

 

 

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5 minutes ago, AmandaandChayne said:

So dpendant on what my police report says do I need to declare my fixed penalty fine for littering which wasn't a criminal offence as I paid it?

What was the classification of the littering? Civil infraction? Which it should be. It was not criminal.


event.png

 

https://egov.uscis.gov/casestatus/landing.do OLD SITE

 

https://myaccount.uscis.dhs.gov/ NEW SITE

 

https://www.house.gov/representatives US Congressmen 

 

https://www.senate.gov/general/contact_information/senators_cfm.cfm US Senators 

 

IN REGARDS TO WHICH DATE TO USE!!!!!!!!!!!!!!!!!!

noa1 date is actually they date on ur hard copy. Sadly if u reach the magical 220 day u must wait till 225 to contact Uscis. They use what the new site says. Even if ur paper says X date. 

They added 5 days onto everyone’s accepted on NOA1

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2 minutes ago, BJ & Christine said:

What was the classification of the littering? Civil infraction? Which it should be. It was not criminal.

I believe civil, breach of a local bylaw that if paid doesn't become a criminal conviction however if you don't pay it it does. I paid .


Late 2016: Met playing Clash of Kings the West

Feb 2017: Started online "dating"

May 2017: Met in Orlando

July 2017: Arkansas and Seminole (1 night) visit

October 2017: Washington DC visit.

December 2017: Seminole OKC home visit and Amanda  met Chayne's kids and dad.

January 2018:  York England visit Chayne met Amanda's son.

April 2018: London/Paris/York visit we got engaged on April 6th!!

April 19th 2018: packet sent

April 23rd 2018: USPS say packet signed for.

April 25th 2018: Electronic NOA1 received 

April 26th 2018: Cheque Cashed

April 30th 2018: hard copy NOA1 received

June 2018: Seminole visit, Amanda met Chayne's  adult son

 

 

 

event.png

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2 minutes ago, AmandaandChayne said:

I believe civil, breach of a local bylaw that if paid doesn't become a criminal conviction however if you don't pay it it does. I paid .

Ur fine then. 

If littering needed to be disclosed then all moving violations and other non criminal offenses would have to be disclosed. 

Could u imagine the amount of papers some people would have to gather for that.😂😂😂😂


event.png

 

https://egov.uscis.gov/casestatus/landing.do OLD SITE

 

https://myaccount.uscis.dhs.gov/ NEW SITE

 

https://www.house.gov/representatives US Congressmen 

 

https://www.senate.gov/general/contact_information/senators_cfm.cfm US Senators 

 

IN REGARDS TO WHICH DATE TO USE!!!!!!!!!!!!!!!!!!

noa1 date is actually they date on ur hard copy. Sadly if u reach the magical 220 day u must wait till 225 to contact Uscis. They use what the new site says. Even if ur paper says X date. 

They added 5 days onto everyone’s accepted on NOA1

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