QUESTION
Do I have to report my criminal records on the immigration papers?
Asked on Nov 08th, 2011 on Immigration - Arizona
More details to this question:
My wife is filing for me, but I had a previous record but they were sealed. Should I put it on the immigration form or should I submit the certified copy with the application form? It asked if I was ever convicted.
10 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You need to consult with an attorney because the applications ask whether 'ever' arrested or convicted. Therefore, withholding such information could be basis to deny your application. However, depending on why your records were sealed may be grounds to not disclosed the records. An attorney is best able to ensure your rights are protected and the immigration authorities correctly determine your application.
Answered on Nov 16th, 2011 at 2:42 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Normally juvenile records are sealed and those records are not considered convictions. However, all questions on the application must be answered including whether the applicant had been arrested or convicted. You mail copies of court dispositions and take the originals to the interview. You should show the documents to an attorney to confirm that you are eligible. Some crimes deem you inadmissible.
Answered on Nov 10th, 2011 at 2:44 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Always. For immigration purposes you have to disclose all criminal records including the sealed ones.
Answered on Nov 10th, 2011 at 2:44 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Absolutely include it on the forms or it is immigration fraud and be prepared to submit a photocopy of the certified records with your application and bring the original to any interview.
Answered on Nov 10th, 2011 at 9:52 AM
Assault Attorney serving Richardson, TX
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It asks if you were ever convicted or otherwise handled by the system. This includes arrests, probation, pleas and all other criminal procedures. You must provide records of all matters that were prosecuted, even if you have had them sealed or expunged.
Answered on Nov 10th, 2011 at 12:48 AM
You must answer "Yes" to question 1.b. on Part 3 of the I-485 (page 3). If the records were sealed you would have to get them unsealed in order to get certified copies. The certified copies must be brought to the interview. But be careful that you have an immigration lawyer first determine whether the conviction or convictions make you inadmissible; if so you are probably eligible to file a waiver with your application. With criminal records you need to have someone examine them carefully to determine the immigration implications. The fact that the records were sealed is not particularly relevant in the immigration context. It just makes them harder for you to obtain.
Answered on Nov 09th, 2011 at 11:56 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You do need to disclose, even sealed records. But see a competent immigration attorney who focuses on criminal law so you can make sure that you are still eligible.
Answered on Nov 09th, 2011 at 6:08 PM
Yes, you do have to report criminal records on the immigration papers. However, you should have an attorney review all criminal records before filing. After you file, your case may be denied, but that's not the worst part - you may then be arrested and then deported.
Answered on Nov 09th, 2011 at 6:07 PM
2 Awards
You have to disclose almost everything conviction, etc. Better yet consult an Immigration Attorney so we can look at the document and advise you accordingly.
Answered on Nov 09th, 2011 at 6:04 PM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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You have to reveal all arrests, charges and convictions on your application form, even those arrests that did not lead to conviction or that were expunged from your record. That having been said, it is very important that you consult with an immigration attorney to see whether your criminal record will cause problems for you, prior to filing your case.
Answered on Nov 09th, 2011 at 6:04 PM