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Urgent advice needed for not disclosing criminal history

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  • Urgent advice needed for not disclosing criminal history

    Hello to all those wonderful people out there helping us with our immigration problems.

    I am from New Zealand and was granted a B2 visa in Australia in 2011 after my partner and I experienced a hard time from the earthquakes in Christchurch. She really wanted to spend some time with her family here in the USA. I lied on my application under the question have you ever been arrested, I said no. Thinking that it was a small lie that would allow me to obtain a visa so we could spend time with our family. Something she really needs to get through the experience we had just had and I didn't want to be the reason we couldn't go.
    I was caught shoplifting in New Zealand in 2006, it was a small enough amount, but still had to go to court. I plead guilty and paid a fine of $200 or so. Thankfully New Zealand has a lean slate act that allows your record to be wiped after 7 years.
    Due to this fact I thought it was no longer an issue, I thought it no longer counted. Recently we applied for adjustment of status and for me to get a green card through being married here in the USA in 2015. (My partner currently has residency for New Zealand since 2009). So when I filled out my application for residency here I ticked no for ever having being arrested as I believed it counted under the clean slate act. I have since had an appointment for my biometrics and have been send an appointment for me and my spouse on the 20th of June. With that letter came a sheet of paper explaining that even if I have a criminal record that has been wiped clean I still need to bring information about it.
    So I'm pretty much freaking out.
    I have ordered a copy of the criminal record, which right now the nz ministry of justice is behind on processing, but have made an emergency application. And I'm not sure what the details on it are.
    I'm worried that because I lied on my applications I will be in more trouble than if I had just disclosed them.
    Please can anyone offer me any advice?
    Or know of any good immigration lawyers in Montana for a reasonable price?
    Would you recommend I take a lawyer to my appointment?
    Are there any forms, or applications I could make before that would help me?
    Please help me find a solution.
    Thanks heaps!

  • #2
    they will deny ur application for lying

    Comment


    • #3
      Normally, USCIS will not order a police report from one's country of origin while you are being processed for Adjustment while in the U.S.

      There are varying state and Federal rules about "counting" prior felony convictions which have very little comparison to the various "Clean Slate" practices in other Western countries. Under Federal law in the U.S., much felony history is discounted for multiple offense penalties if more than 10 years old. Still, however, that does not mean one has a "clean slate." State laws, however, tend to continue penalizing felons (for even minor felonies) for lifetime.

      --Ray B



      Originally posted by Kiwiinmontana View Post
      Hello to all those wonderful people out there helping us with our immigration problems.

      I am from New Zealand and was granted a B2 visa in Australia in 2011 after my partner and I experienced a hard time from the earthquakes in Christchurch. She really wanted to spend some time with her family here in the USA. I lied on my application under the question have you ever been arrested, I said no. Thinking that it was a small lie that would allow me to obtain a visa so we could spend time with our family. Something she really needs to get through the experience we had just had and I didn't want to be the reason we couldn't go.
      I was caught shoplifting in New Zealand in 2006, it was a small enough amount, but still had to go to court. I plead guilty and paid a fine of $200 or so. Thankfully New Zealand has a lean slate act that allows your record to be wiped after 7 years.
      Due to this fact I thought it was no longer an issue, I thought it no longer counted. Recently we applied for adjustment of status and for me to get a green card through being married here in the USA in 2015. (My partner currently has residency for New Zealand since 2009). So when I filled out my application for residency here I ticked no for ever having being arrested as I believed it counted under the clean slate act. I have since had an appointment for my biometrics and have been send an appointment for me and my spouse on the 20th of June. With that letter came a sheet of paper explaining that even if I have a criminal record that has been wiped clean I still need to bring information about it.
      So I'm pretty much freaking out.
      I have ordered a copy of the criminal record, which right now the nz ministry of justice is behind on processing, but have made an emergency application. And I'm not sure what the details on it are.
      I'm worried that because I lied on my applications I will be in more trouble than if I had just disclosed them.
      Please can anyone offer me any advice?
      Or know of any good immigration lawyers in Montana for a reasonable price?
      Would you recommend I take a lawyer to my appointment?
      Are there any forms, or applications I could make before that would help me?
      Please help me find a solution.
      Thanks heaps!

      Comment

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