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Flowerseed

Petitioner arrested but proven innocent

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Hello. 

My K1 petitoner was arrested for felony against a minor child. This crime is listed in the  The Adam Walsh Child Protection and Safety Act but was declared innocent by the judge in the court. 

Should we expect the denial of our case with 100% certainty? Does it matter that my petitioner is declared innocent or not, since this crime is really tough.

 

P.S. I do realize that this is a really hard crime to get accused of and this is a huge red flag. But please, tell me whether the denial will be 100% surely or we have a chance.

 

 

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You should expect some scrutiny. You should also be certain to include a certified copy of the court proceedings in your paperwork for filing with USCIS.

 

Since your timeline is vacant, it is impossible to see where you are in the process :time:It would help determine where to send your court documents.

 

 


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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3 hours ago, Pitaya (火龙果) said:

You should expect some scrutiny. You should also be certain to include a certified copy of the court proceedings in your paperwork for filing with USCIS.

 

Since your timeline is vacant, it is impossible to see where you are in the process :time:It would help determine where to send your court documents.

 

 

Our case was approved on 21 June 2019. My petitioner was arrested 2nd July 2019, AFTER the petition got approved. 

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The status of the case isn’t totally clear given the short timeline (at least as compared to my district, where the Sixth Amendment isnt quite so speedy). However there is no such thing as a declaration or judgment of ‘innocent.’ The charges may have been dropped but, unless jeopardy has attached (which happens when the trial actually starts), the same charges could always be refilled if the suspicion is still there. At trial, the jury or bench verdict would be ‘not guilty,’ which is not the same as ‘innocent.’ It just means that there was reasonable doubt.

 

Definitely get an official docket and copies of the key Orders from his defense lawyer and submit as appropriate.

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10 minutes ago, US-UK said:

The status of the case isn’t totally clear given the short timeline (at least as compared to my district, where the Sixth Amendment isnt quite so speedy). However there is no such thing as a declaration or judgment of ‘innocent.’ The charges may have been dropped but, unless jeopardy has attached (which happens when the trial actually starts), the same charges could always be refilled if the suspicion is still there. At trial, the jury or bench verdict would be ‘not guilty,’ which is not the same as ‘innocent.’ It just means that there was reasonable doubt.

 

Definitely get an official docket and copies of the key Orders from his defense lawyer and submit as appropriate.

Should I bring them to the visa interview at the embassy? Will I be denied the visa with 100% certainty? Well she is not 'innocent', its just a word. What i meant was that the judge decided she is not guilty and she got no punishment

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K1 petitioner criminal record is not a basis to reject K1 application.   It is about disclosing spousal abuse or child moral cases to the beneficiary - which USCIS will prepare a packet for the beneficiary. I think this is for guilty cases.  Not guilty cases, means not convicted, there is no basis to reject K1.


=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

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On 8/13/2019 at 12:07 AM, Flowerseed said:

Should I bring them to the visa interview at the embassy? Will I be denied the visa with 100% certainty? Well she is not 'innocent', its just a word. What i meant was that the judge decided she is not guilty and she got no punishment

Was there a trial?

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