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DAP Forums > DREAM Act > The Lounge

[QUESTION] Juvenile Offense when I was 14?

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#1
08-15-2012, 07:44 PM
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MearDreamer
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Hi!, First of all, thank you all very much for taking time off your lives to provide us with the much info needed!!

I received a juvenile offense when I was 13 or 14 or so because I entered a house with our permission. Its been so long now ( I am 22) that I don't quite remember the details, it was with a group of other kids if I can remember clearly. I was not arrested or sent to juvy or anything like that. I was however, I received to a court where I pleaded guilty. The lady "forgave me" and dropped all charges but I got to do community services after it. I have researched this and found out that even though I was minor, I should still get background check before applying as I could be imported . I've read that I submit my application, this could be bad for me and get me deported. So question; Should I get a background check and have a immigration lawyer review it?
Heres what Ive read in ACT 212 A2AII

"(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States"


I was below 18, and its been more than 5 year since, do you guys think I should be okay?



Thanks!



http://www.nwirp.org/domains/nwirp.o...rredAction.pdf

http://www.uscis.gov/portal/site/usc...90aRCRD&CH=act
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#2
08-15-2012, 07:54 PM
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jrpallares
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I've this exact question.
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#3
08-15-2012, 11:09 PM
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MearDreamer
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I found my court papers, turns out, charges were dropped and instead of going to trial we entered a contract

"FORMAL ACCOUNTABILITY AGREEMENT "

9:This Agreement cannot be used against the youth at an adjudicatory hearing and this agreement does not constitute evidence of guilt
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#4
08-15-2012, 11:29 PM
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Ali
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dunno, I got someone w/a similar situation, she never went to court just before a panel that somhow dropped the case. The paperwork is kinda vague so i dunno if the charges were dropped, if she was ever convicted, or wut's up. She was booked and filed, spent a few hrs behind a cell while they did that.

The form does ask if you've ever been 'arrested, charged, or convicted'. So even if you were released or charges dropped my guess is it may still show up? FWIW, expunged and I think even sealed records are accessible by the feds.
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#5
08-15-2012, 11:59 PM
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MearDreamer
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Well, after some heavy researching it turns out, that the case never went to court. So, I dont think charges were file at all. I was NOT arrested or anything like that. All that happened was that cop showed up, asked a few questions and then a summons arrived, I admitted of doing it and then I got a FAA

The Youth Admits

If the youth admits the criminal activity at the intake interview, two things can happen:

The youth may sign a contract called a Formal Accountability Agreement (FAA), which requires the youth to complete specific conditions, including restitution payment to the victim. This does not involve a court appearance by the youth or the victim. Most FAA contracts last from 90 -- 120 days,


I was not convicted at all because we never to court for it.
I was not arrested either or spent time in a cell
I dont think I was charged at all because looking at the papers, it does not say the word charged at all the closes is this

The above named youth has committed acts which, if done by an adult would constitute violations of the law

BURGLARY IN THE FIRST DEGREE

"The Court finds:" "Youth attorney requesting Formal Accountability Agreements"

So, we never went to court and this was used as a formal diversion.

You guys have any ideas?
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#6
08-16-2012, 09:58 PM
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MearDreamer
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Anyone know?
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#7
08-16-2012, 10:09 PM
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Try to get your criminal record from the court or PD. If nothing comes up you should be fine.
If you're not sure hire legal counsel.

From what you have and have found out, I would assume you're good to go. The issue now is, do you come clean, are you technically convicted of a crime etc. when you answer the question in 821D. Legal interpretations vary and your case might seen easy, but might turn out to be more complicated.

maybe a legal clinic might help.
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#8
08-16-2012, 10:11 PM
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jrpallares
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I've been researching this stuff too and it sounds like you're ok if you are sure that you weren't charged with it. I would probably get a lawyer though...
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#9
08-16-2012, 10:15 PM
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Get a court disposition showing what happened and what where the results, it is very important.

seek the guidance of a lawyer and take that disposition.
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#10
08-16-2012, 10:17 PM
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buckminsterfullerene
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Quote:
Originally Posted by Ali View Post
dunno, I got someone w/a similar situation, she never went to court just before a panel that somhow dropped the case. The paperwork is kinda vague so i dunno if the charges were dropped, if she was ever convicted, or wut's up. She was booked and filed, spent a few hrs behind a cell while they did that.

The form does ask if you've ever been 'arrested, charged, or convicted'. So even if you were released or charges dropped my guess is it may still show up? FWIW, expunged and I think even sealed records are accessible by the feds.
Exactly... they can see FWIW, expunged and sealed records, and they may use that in their determination as it is to their discretion. Its why it is very important to seek a lawyer in this case, to prevent them denying the application which cannot be appealed.
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