wyvernrider

I wanted to add this as information I have found regarding the mental health diversion, specific to California, if it should help anyone else wondering:

https://www.ilrc.org/sites/default/files/resources/definition_conviction_april_2019.pdf

Quote

For this reason, effective January 1, 2018 California amended Pen C § 1000, to change it from DEJ to a true pretrial diversion. New pretrial diversion does not require a plea or finding of guilt, and therefore is not a conviction for immigration purposes. See Part C.

3 minutes ago, pushbrk said:

I thought I covered that in my first answer, when I used the word "only".

Thank you. It wasn't clear that you meant to include VAWA under that context as VAWA does not involve charges being pressed, and the spouse did not do so.

1 minute ago, pushbrk said:

You are getting good "personal advice" which you probably don't need and certainly didn't ask for.  For a spouse visa, the only petitioner criminal record that would be problematic is one that falls under the Adam Walsh Act.  IMBRA, which requires disclosure of criminal records, applies only to K1 fiancée visa petitions.  

 

Yes, USCIS will be able to see this record, but you will not hear from them about it.

Thank you for your answer. Do you have any knowledge about any possible complications from a previous sponsored spousal visa potentially resulting in the immigrant having pursued a VAWA? Obviously, I'm not even certain if this was actually pursued.

11 minutes ago, SteveInBostonI130 said:

 

I would not count on that.  USCIS's background checks discover even sealed records.  And a diversion pleas seems to count as a "convictions" in federal background checks.

 

https://ccresourcecenter.org/2019/07/22/diversion-pleas-qualify-as-convictions-under-federal-background-check-law/

 

As someone already mentioned, you should fully discuss this with your future spouse.  Not only for immigration purposes, but also to empower them to make the decision for themselves.  I would not want something like this hidden only to find out years later, and I am sure you would feel the same if the roles were reversed.

 

As you stated, you do not need to have that conversation right away - pick the right time.  But also do not spring this on them at the last second.  

 

Yes, they would be able to see the record, but it would not be counted as a conviction. The link you posted yourself supports what I am saying. This specific type of diversion does not involve any plea of guilt or anything related. 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

"If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.[10]"

I am fully aware of the importance of the partnership and communication in a relationship. That will not be an issue. The focus of this thread is regarding the legal process itself of obtaining the Visa in this situation.

1 minute ago, Sammy_2496 said:

Does your current partner know about all of this?

As I just mentioned, I would inform them when the time is best in an appropriate manner.

Please understand this is a very touchy subject as it was a first break of psychosis for a severe mental health condition I had no knowledge of prior. I am stably treated now to prevent it ever happening again.

13 minutes ago, Boiler said:

You will need to make sure Number 2 is fully aware of your past history as they are likely to be asked about it.

Thank you for the advice. From what I have read, the nature of my charges being dismissed under mental health diversion without conviction or anything that could be possibly considered a conviction given no plea or such would not raise much concern with USCIS.

I want to be as cautious as possible though, so I will be sure to do this just in case.

5 minutes ago, TBoneTX said:

Are you still on the hook for the ex's I-864?

I believe so from what I just read. 

I am a US citizen living in California. I have a history of sponsoring a spousal CR1 Visa. Marriage in 2016, divorce finalized early 2023. 

In 2021, due a history of bipolar disorder I had a severe psychotic break that led to criminal charges (nothing involving a minor of course). There was no conviction history for these charges as they went through a mental health pretrial diversion with records sealed and expunged. There was no plea or anything. This situation led to spouse filing for divorce and likely a VAWA.

I'm currently in a good relationship with someone else. We would likely be getting married next year. 

Would there be any estimated significant issues to sponsor someone again with this history? I plan on consulting with an immigration lawyer when the time comes to file the initial packet of course, but this has me a bit stressed thinking of complications.

Still waiting for NOA2 from Nebraska

Still within "normal processing times" according to their website...

On 4/27/2017 at 4:25 AM, GBD said:

Still no NO2 since September 8. When we called they said we are in normal processing time since in their website it says they are evaluating August 30 cases. I gave up and decided not to continue to the process. Probably this is not gonna be good for my marriage. For those of you waiting for approval, good luck. Thank you for your support all this time.

Same. No NOA2 Since September 9 at Nebraska.

42 minutes ago, kellyh said:

 

According to your NOA1 date, it's been 7 months, passed normal processing time. 

Try sending an email to your USCIS center and inquire. (email address listed below).

Or you can patiently wait a few more weeks as the USCIS processing time for LIN (Texas Service Center) indicates they're currently working on cases dated Sept 2.

 

The service center follow-up email addresses are:

• California Service Center: csc-ncsc-followup@uscis.dhs.gov
• Vermont Service Center: vsc.ncscfollowup@uscis.dhs.gov
• Nebraska Service Center: NSCFollowup.NCSC@uscis.dhs.gov
• Potomac Service Center: psc.ncscfollowup@uscis.dhs.gov
• Texas Service Center: tsc.ncscfollowup@uscis.dhs.gov

When contacting a service center, please include the following:

• Your name and role (for example, petitioner, applicant, or attorney of record);
  Note: We can only provide case-specific information to authorized individuals (for example, petitioners, applicants, and attorneys of record). We cannot provide case-specific information to unauthorized third parties.
• The petitioner or applicant’s name (if you are not the petitioner or applicant);
• The receipt number, form number, and type of immigration benefit being sought for the case about which you are inquiring

Good luck!

 

Please take a few mins to update your timeline.

Yeah, I sent an email last week. The Nebraska Service Center still says "August 30,2016" for date processing. It is a really sad for it to take so long...

11 minutes ago, kellyh said:

have you received NOA 2? What's the status on USCIS?

If it shows approved or case sent to the department of state, call NSC, provide them with your USCIS case # and they might have some info.

No, I have not received the NOA-2. What do you mean what is the status on USCIS? I just have the first LIN numer which just says it was sent to NSC.

EDIT: I guess what you are asking is at the top. It says "Case was Received".

NOA 1 received September 9, 2016 and sent to NSC.

Still no update...