Obtain & Disclose 20 year old arrest records

[qinglover]

We are preparing to apply for K-1 visa. I have a total of 3 misdemeanor DUI convictions 24 to 30 years old in Oregon and California (CA). According to the CA. Department of Justice (DOJ), based on my livescan fingerprints,there is no record of my CA conviction. I also checked with the arresting police department, their records department and also the courthouse and all indicate in writing that I have no record in CA. I have contacted 3 CA. law firms, that claim to specialize in arrest records, and requested they obtain this 1987 record for my K-1. All 3 firms advise me that if DOJ has no record then it's not possible for anyone to obtain this for me and they doubt that USCIS will find anything - that in 1987 files for misdemeanor DUI were paper files as were fingerprint files and most likely my fingerprints were never sent to DOJ which is why no record is found - they suspect my paper file is in the basement and was never entered into the computer database (all over the phone speculative advise/opinion). In Oregon I can only find record of my 1981 arrest from the State Police records (Oregon's clearing house for all arrest records). I have hired an Oregon lawyer to obtain the required certified copies of my 2 Oregon arrests.

I am afraid that if I don't disclose my 3 arrests it will come up in the USCIS check and we will be denied, however if I do disclose and don't provide the required certified records (that I can't obtain) then we will be denied. My lawyer advises me to obtain the records but so far has not told me how to accomplish this. How do I obtain these required records? Should I disclose this at all? Please advise.

[dnoblett]

I would simply attach a sworn affidavit attesting to the arrests in the past and that you made an attempt to obtain the records and have gotten a statement from CA stating no record found, same goes for OR.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-129FCrime1.jpg

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-129FCrime2.jpg

 

http://www.uscis.gov...i-129finstr.pdf

 

#3 May be related to DWI/DUI Crimes related to controlled substance or alcohol.

[chilton747]

If it were me, I would disclose the info. On a separate sheet I would put the dates, offense, and sentence. Also, explain that you have searched for the records and have not been able to locate them. I doubt this will bring you any harm. JMO.

[warpedbored]

If you have 3 or more convictions related to a controlled substance or alcohol not related to a single act then you must answer yes on the I-129 F even if the records are sealed or otherwise not available. If you were arrested and finger printed there will be a record of those finger prints with the FBI even if the state of California has no record. Use a separate piece of paper to describe what you were arrested for, when, and what the sentence was.

[warpedbored]

I don't recall seeing any of these questions on the I-130. It may be possible to side step this by getting married and filing an I-130 instead of a K-1. I don't have time to research it right now, I have to go to work but you might want to read the I-130 and instructions for the I-130 to see.

[dnoblett]

I don't recall seeing any of these questions on the I-130. It may be possible to side step this by getting married and filing an I-130 instead of a K-1. I don't have time to research it right now, I have to go to work but you might want to read the I-130 and instructions for the I-130 to see.

 

Yep, I-130 Spouse tends to have more problems with the Adam Walsh ACT. But yes, less required upfront, though if this comes up in some cases US Citizen gets called into a field office for an interview and questions.