Do I have to report my criminal records on the immigration papers? - Immigration Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Do I have to report my criminal records on the immigration papers?

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.

Answer By Kiran K. Nair
Law Offices of Kiran Nair
Contact this Attorney Now

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.

Answer Applies to: California
Replied: 11/16/2011

Cardenas Law Firm
Contact this Attorney Now

Do not ever hide any criminal information from the immigration authorities. Even if the record was seal, immigration will see it. If you dont put the information in your application, they may assume you are lying and that will be worse for you because it may cause you to never be able to apply for anything with immigration ever again. Always be truthful with immigration. Do include the information and do attached a certified copy of the record including the disposition of the case.

Answer Applies to: Florida
Replied: 11/12/2011

Answer By Aime Katambwe
World Esquire Law Firm
Contact this Attorney Now

The answer to the question "ever been convicted" should be yes if that is the truth. In the explanation part, you can always say that the record is sealed, etc. Don't hide it just because it was sealed.

Answer Applies to: California
Replied: 11/11/2011

King & Ballow
Contact this Attorney Now

You must disclose all arrests, convictions even if sealed or expunged. Failure to do so creates more problems than doing so.

Answer Applies to: Tennessee
Replied: 11/11/2011

Answer By Reza Athari
Reza Athari & Associates, PLLC
Contact this Attorney Now

Always. For immigration purposes you have to disclose all criminal records including the sealed ones.

Answer Applies to: Nevada
Replied: 11/10/2011

Law Offices of Alan R. Diamante, APLC
Contact this Attorney Now

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.

Answer Applies to: California
Replied: 11/10/2011

Answer By Lani M. Nau
American Immigration Services, PLLC
Contact this Attorney Now

Disclose everything.

Answer Applies to: District of Columbia
Replied: 11/10/2011

Answer By Alexander Segal
Law Offices of Grinberg and Segal
Contact this Attorney Now

You must disclose your prior arrest even if the record was sealed. Most forms not only ask if you are convicted, but also whether you have been arrested. You will also be required to provide the certificate of disposition to USCIS. This typically happens at the interview, but you may receive a request for the document in advance of the interview. If you fail to disclose the arrest, USCIS can find you inadmissible for willful misrepresentation of a material fact. It is in your best interest to speak with an attorney about the arrest before filing any petitions or as soon as possible if the petition is filed. Some criminal matters can make you ineligible for benefits while others make it more difficult for you to receive immigration benefits.

Answer Applies to: New York
Replied: 11/10/2011

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
Contact this Attorney Now

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.

Answer Applies to: California
Replied: 11/9/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy