Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?
I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been expunged for 15 years. Do I need to add this to the K1 visa? If so, how can I locate the records I would need? Thank you for your time!
A: Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
Yanky Perelmuter agrees with this answer
A:
In general, juvenile records are not convictions. Any time you are asked if you’ve been arrested or detained, you’d have to say yes; however, in response to the question: “Have you ever been convicted?” you could say no.
The statute controlling this question provides for an exception in cases when an individual committed an offense like this before the age of 18, as long as more than 5 years has passed between the time the case was closed and the time the individual is filing an application for a visa.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
