Ordinance Violation - Retail Theft; No Court Disposition Available.

[Stanri010]

My Korean girlfriend and I are looking to apply for a K1 visa for her. A couple years back, she was involved in an incident that resulted in a Retail Theft arrest which involved the police and a ordinance citation. No finger prints nor pictures were taken. They were just written up and sent on their way. The citation required them to pay $250 dollars and by paying they admitted the guilt. The fine was paid at the courthouse clerk with the check made out to police department financial department.

So from my understanding, by paying the ticket never got push over to the court system and a court case was never created. EDIT: Or the police never forwarded on the paid+admitting to guilt. That also means because there wasn't a court case there's no final court disposition. The court can't find anything with the name or ticket number in their system. A couple lawyers I've talked to said this does not constitute as a CIMT but I just don't buy it. I'm leaning towards having her admit to the incident and provide a certified police report but my concern is if they see the police report, they'll ask for the certified court disposition which I wont be able to produce.

At this point, I can't seem to bring myself to trust any immigration lawyer anymore. Anyone else got some experience with any situations similar to this?

[rayb]

Nothing regarding criminal history will be needed until she is preparing documents to meet Embassy interview requirements. Before then, however, if the incident occurred in Korea, she should obtain a Korean police report (Bomjoi-Soosa Kyongreok Hoiboseo) using instructions at the following link:

http://travel.state.gov/contenthttps://www.immihelp.com/usa-visas/english/fees/reciprocity-by-country/KS.html

If nothing is shown on that report, there is nothing more that you can do to prepare her for her interview.

--Ray B

My Korean girlfriend and I are looking to apply for a K1 visa for her. A couple years back, she was involved in an incident that resulted in a Retail Theft arrest which involved the police and a ordinance citation. No finger prints nor pictures were taken. They were just written up and sent on their way. The citation required them to pay $250 dollars and by paying they admitted the guilt. The fine was paid at the courthouse clerk with the check made out to police department financial department.

So from my understanding, by paying the ticket never got push over to the court system and a court case was never created. EDIT: Or the police never forwarded on the paid+admitting to guilt. That also means because there wasn't a court case there's no final court disposition. The court can't find anything with the name or ticket number in their system. A couple lawyers I've talked to said this does not constitute as a CIMT but I just don't buy it. I'm leaning towards having her admit to the incident and provide a certified police report but my concern is if they see the police report, they'll ask for the certified court disposition which I wont be able to produce.

At this point, I can't seem to bring myself to trust any immigration lawyer anymore. Anyone else got some experience with any situations similar to this?

[Stanri010]

Nothing regarding criminal history will be needed until she is preparing documents to meet Embassy interview requirements. Before then, however, if the incident occurred in Korea, she should obtain a Korean police report (Bomjoi-Soosa Kyongreok Hoiboseo) using instructions at the following link:

http://travel.state.gov/contenthttps://www.immihelp.com/usa-visas/english/fees/reciprocity-by-country/KS.html

If nothing is shown on that report, there is nothing more that you can do to prepare her for her interview.

--Ray B

The incident occurred in the united states.

I feel like if I have her admit to it, it'd raise more questions that we'd have difficulty answering because it was such a small incident - the way it was treated by the police department was insignificant. They even said that the event could be expunged from her police record. On the other hand, I've read people having issues with speeding tickets that they just paid off and that causing a problem during naturalization interviews. From what I can see, the USCIS runs three background checks: IBIS Name Check, FBI Fingerprint Check and FBI Name Check. Is there any way to run a background check of all three types of check that USCIS does to see if it is flagged in her report?

How does USCIS deal with an admission of guilt for a CIMT that doesn't show up on their computers or background check?

[rayb]

Stanri,

Thx for clarifying the location of the offense. Assuming she is in Korea now, for processing of her K1 visa (correct me if I am wrong about her current location), here is my suggestion:

1. If her offense comes up during the USCIS processing of the K1 petition or the Embassy checking of her background, the Embassy may request an I-601 Waiver of Inadmissibility procedure be started by her following her interview. Such a procedure can add 6 months or more to the process, since the I-601 will have to be submitted to USCIS Stateside.

2. You should obtain a standard FBI criminal record check, the best way to go to find all references that USCIS or the Embassy would be able to access. You will need two completed fingerprint cards from your gal. I did exactly this for a friend recently in another country who had gone through an immigrant interview and was told to provide proof of a shoplifting offense from 1990. Go to:

https://www.fbi.gov/about-us/cjis/identity-history-summary-checks

You will need the information from this FBI "Identity History Summary" to know what USCIS or the Embassy will know about the incident, if even on record (and it probably is).

--Ray B

The incident occurred in the united states.

I feel like if I have her admit to it, it'd raise more questions that we'd have difficulty answering because it was such a small incident - the way it was treated by the police department was insignificant. They even said that the event could be expunged from her police record. On the other hand, I've read people having issues with speeding tickets that they just paid off and that causing a problem during naturalization interviews. From what I can see, the USCIS runs three background checks: IBIS Name Check, FBI Fingerprint Check and FBI Name Check. Is there any way to run a background check of all three types of check that USCIS does to see if it is flagged in her report?

How does USCIS deal with an admission of guilt for a CIMT that doesn't show up on their computers or background check?

[Stanri010]

Thanks for the advice.

From what I've been reading about the "Petty Offense" exception to a CIMT. The requirement is:

1. the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
2. you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.
3. The offense in question is the only offense on the criminal record.

Since the only thing she was subjected to was the fine, she passes #2 and the state she was caught with the theft classifies < $300 value as a Class A misdemeanor. Meaning up to 1 year jail sentence.

Since she's never had any previous run ins with the law, it looks like if we were to admit to it and provide all of the supporting documentation, it should be overlooked and not need any waivers. The I-601 looks like it is needed ONLY after the interview rejects your application or recommends you to apply for the waiver right?

[rayb]

Right, a 601 waiver application would be requested at or after an Embassy interview.

--Ray B

Thanks for the advice.

From what I've been reading about the "Petty Offense" exception to a CIMT. The requirement is:

1. the maximum penalty that you could have received for committing the offense is exactly one year or less, AND
2. you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.
3. The offense in question is the only offense on the criminal record.

Since the only thing she was subjected to was the fine, she passes #2 and the state she was caught with the theft classifies < $300 value as a Class A misdemeanor. Meaning up to 1 year jail sentence.

Since she's never had any previous run ins with the law, it looks like if we were to admit to it and provide all of the supporting documentation, it should be overlooked and not need any waivers. The I-601 looks like it is needed ONLY after the interview rejects your application or recommends you to apply for the waiver right?

[ArthurBlank]

Generally, This thread is very much useful for me

[alexcray]

My Korean girlfriend and I are looking to apply for a K1 visa for her. A couple years back, she was involved in an incident that resulted in a Retail Theft arrest which involved the police and a ordinance citation. No finger prints nor pictures were taken. They were just written up and sent on their way. The citation required them to pay $250 dollars and by paying they admitted the guilt. The fine was paid at the courthouse clerk with the check made out to police department financial department.

So from my understanding, by paying the ticket never got push over to the court system and a court case was never created. EDIT: Or the police never forwarded on the paid+admitting to guilt. That also means because there wasn't a court case there's no final court disposition. The court can't find anything with the name or ticket number in their system. A couple lawyers I've talked to said this does not constitute as a CIMT but I just don't buy it. I'm leaning towards having her admit to the incident and provide a certified police report but my concern is if they see the police report, they'll ask for the certified court disposition which I wont be able to produce.

At this point, I can't seem to bring myself to trust any immigration lawyer anymore. Anyone else got some experience with any situations similar to this?

Try to obtain a certified copy of the police report. Explain the situation and purpose (K1 visa application) to the relevant Korean police department. While there might not be a court case, the report could shed light on the details of the incident (value of items, intention etc.)