How screwed are we?

[ketbc 0]

If a petitioner has a juvenile record for intent to distribute, (first time offense for anything) that is 20 years old, would that destroy chances for sponsoring a K-1 visa Canadian?  Only other violations were things like failure to yield right of way, speeding, and improper backing from being a driver that should always wear glasses. (each of those fines were paid on time including drivers education classes).  The state has no record of the arrest, nor does the city or county but I know the FBI is different.  If I order an FBI report would I see everything immigration sees? I am afraid to exclude the information and get denied but also I am afraid to include it because no paperwork exists.  I even tried looking up my old probation officer and can't find her!  

[Xaushin 8]

36 minutes ago, ketbc said:

If a petitioner has a juvenile record for intent to distribute, (first time offense for anything) that is 20 years old, would that destroy chances for sponsoring a K-1 visa Canadian?  Only other violations were things like failure to yield right of way, speeding, and improper backing from being a driver that should always wear glasses. (each of those fines were paid on time including drivers education classes).  The state has no record of the arrest, nor does the city or county but I know the FBI is different.  If I order an FBI report would I see everything immigration sees? I am afraid to exclude the information and get denied but also I am afraid to include it because no paperwork exists.  I even tried looking up my old probation officer and can't find her!  

When it comes to legal matters like this, consult with an immigration attorney. You also don't want to not include it, since the department of state will find it.

[Dashinka 23,402]

Based on my reading of the attached, drug crimes may cause big issues with a K1 application.  I agree, you might want to consult with an experienced immigration attorney, it might be better to look at a spousal visa where was waiver might be possible.

 

Good Luck!

 

https://www.alllaw.com/articles/nolo/us-immigration/getting-k-1-visa-fiance-criminal-record.html

[Limey 550]

8 hours ago, ketbc said:

If a petitioner has a juvenile record for intent to distribute, (first time offense for anything) that is 20 years old, would that destroy chances for sponsoring a K-1 visa Canadian?  Only other violations were things like failure to yield right of way, speeding, and improper backing from being a driver that should always wear glasses. (each of those fines were paid on time including drivers education classes).  The state has no record of the arrest, nor does the city or county but I know the FBI is different.  If I order an FBI report would I see everything immigration sees? I am afraid to exclude the information and get denied but also I am afraid to include it because no paperwork exists.  I even tried looking up my old probation officer and can't find her!  

Just to confirm, this is the PETITIONER who has the record (ie the US citizen)?

That's less of a problem than the BENEFICIARY (non US citizen) having the record. For good reason there are laws against those convicted of sexual or physical abuse petitioning for a k1, but the crime you mention is not a violent crime. It also happened a long time ago. Consulting a lawyer is probably a good idea if only because they might have more chance of obtaining paperwork, or documenting its non-existence, but I think things aren't as bleak as you might think.

[Limey 550]

3 hours ago, Dashinka said:

Based on my reading of the attached, drug crimes may cause big issues with a K1 application.  I agree, you might want to consult with an experienced immigration attorney, it might be better to look at a spousal visa where was waiver might be possible.

 

Good Luck!

 

https://www.alllaw.com/articles/nolo/us-immigration/getting-k-1-visa-fiance-criminal-record.html

This deals with the beneficiary having a criminal record. OP states that its the petitioner who has the record.

[Dashinka 23,402]

8 minutes ago, Limey said:

This deals with the beneficiary having a criminal record. OP states that its the petitioner who has the record.

You are correct, I misread the OP.  Thanks.

[Rocio0010 5,573]

OP said it's the petitioner the one with the record. If so, that shouldn't be an issue. Under the Adam Walsh Act (AWA), only petitioners with a sexual assault charge against minors would not be able to petition. 

If the beneficiary committed the offense, that's a whole other ball game.

I would still consult an attorney, for sure. But I do know that if the petitioner is asked about this during the K1 (I'm not really familiar with i-129f), the truth has to be disclosed. I don't think that it would prevent you from continuing with the k1.

[ketbc 0]

To clarify, I'm speaking on the US citizen's record (the sponsor).  All the department of juvenile justice (DJJ) has is a name, month & year of arrest, and "controlled substance". All records with courts, DJJ, youth detention center, and everywhere else I have called have been destroyed.  I can't remember what the actual charge is as it was 20 years ago and neither do my parents.  I can't give the details they will want nor the documents since they no longer exist except for in whatever database they use to do the background checks.  I am so scared I will never get to be with him because of the dumbest decision I ever made when I was 16.

[top_secret 2,126]

Someone correct me if I'm wrong but there is no point in a K1 application where a petitioner would even be asked to disclose a single drug charge.

[ketbc 0]

It's on the application

[Rocio0010 5,573]

1 minute ago, ketbc said:

It's on the application

Show a screenshot

[Rocio0010 5,573]

17 minutes ago, ra0010 said:

Show a screenshot

Never mind, I found it. Maybe you can do a FOIL request?

[Sarge2155 4,571]

4 hours ago, Limey said:

Just to confirm, this is the PETITIONER who has the record (ie the US citizen)?

That's less of a problem than the BENEFICIARY (non US citizen) having the record. For good reason there are laws against those convicted of sexual or physical abuse petitioning for a k1, but the crime you mention is not a violent crime. It also happened a long time ago. Consulting a lawyer is probably a good idea if only because they might have more chance of obtaining paperwork, or documenting its non-existence, but I think things aren't as bleak as you might think.

I agree as long as you disclose EVERYTHING and tell the truth. Of course you will need all the paperwork from the courts so USCIS can see the disposition of the case.

[ketbc 0]

I can't figure out how but its page 9 section 4.a

[Sarge2155 4,571]

31 minutes ago, ketbc said:

To clarify, I'm speaking on the US citizen's record (the sponsor).  All the department of juvenile justice (DJJ) has is a name, month & year of arrest, and "controlled substance". All records with courts, DJJ, youth detention center, and everywhere else I have called have been destroyed.  I can't remember what the actual charge is as it was 20 years ago and neither do my parents.  I can't give the details they will want nor the documents since they no longer exist except for in whatever database they use to do the background checks.  I am so scared I will never get to be with him because of the dumbest decision I ever made when I was 16.

Even though the records are destroyed USCIS will still want to see some kind of documentation stating the disposition of the case. It may not come up till later, but I would advise to research now and get some sort of paperwork from the courts where it was adjudicated.

Edited December 14, 2021 by Sarge2155