criminal history petitioner

[Jenny17655 283]

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 October 1, 2018 by Jenny17655

[Hello729 74]

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.  

[Villanelle 4,121]

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.

[Jenny17655 283]

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

[BJ & Christine 1,392]

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. 

[Greenbaum 12,258]

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.

[AmandaandChayne 734]

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 October 2, 2018 by AmandaandChayne

[BJ & Christine 1,392]

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.

[AmandaandChayne 734]

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 .

[BJ & Christine 1,392]

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.😂😂😂😂