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DAP Forums > DREAM Act > The Lounge

Should I seek a lawyer or take a chance?

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#1
10-22-2012, 11:04 PM
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JoeNexusSlash
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Hi, I recently received my state record, where I have been living most my life, and my record came back clean. I am interesting in applying for this but I am not sure if I should. When I was young, about 10or so, I was convicted, charged? (Burglary in the first degree) I am not sure none of my court papers are specific, and I have went to the juvenile court and they don’t have them anymore as it has been so long and basically if I did some program, the case would be halted from entering a real court, so it was all cleared with arbitration. I did community service and paid the victim back and it wouldn’t escalate any further. And not go to my state record. Now, should I seek a lawyer for this? I meet the qualifications and all but am a bit hesitant to file this myself. I feel a lawyer would only be good at explaining what the applications mean and that is it as they cannot produce evidence. But I also don’t want to spend 1000 bucks just to hear a no.

What do you guys recommend?
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#2
10-22-2012, 11:08 PM
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Feenmi's Avatar
Feenmi
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Quote:
Originally Posted by JoeNexusSlash View Post
Hi, I recently received my state record, where I have been living most my life, and my record came back clean. I am interesting in applying for this but I am not sure if I should. When I was young, about 10or so, I was convicted, charged? (Burglary in the first degree) I am not sure none of my court papers are specific, and I have went to the juvenile court and they don’t have them anymore as it has been so long and basically if I did some program, the case would be halted from entering a real court, so it was all cleared with arbitration. I did community service and paid the victim back and it wouldn’t escalate any further. And not go to my state record. Now, should I seek a lawyer for this? I meet the qualifications and all but am a bit hesitant to file this myself. I feel a lawyer would only be good at explaining what the applications mean and that is it as they cannot produce evidence. But I also don’t want to spend 1000 bucks just to hear a no.

What do you guys recommend?
What you want to do is go to the Police station where you were arrested and get your arrest record for it. I (and this is just a suggestion) don't think you need a lawyer for it because there was no charge for it. I do suggest you send in all the paperwork you have regarding your case because FBI/USCIS will find out about it through the arrest record (which is why you should get the arrest record anyway).
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#3
10-22-2012, 11:31 PM
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Lulu_derek1
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I think he should get a lawyer because even though he was a minor only 10 years old USCIS has acsses to all evidence even expunged records...
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California service center Application sent: 09/07/2012Arrival date:Acceptance letter: 09/15/2012
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APPROVED:11/06/2012 Applied for SSN:11/13/2012
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#4
10-22-2012, 11:33 PM
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Lulu_derek1
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Or of you don't have the money to pay a lwayer go to a free DACA clinic near you
__________________
California service center Application sent: 09/07/2012Arrival date:Acceptance letter: 09/15/2012
Biometrics completed: 10/12/2012 Riverside
APPROVED:11/06/2012 Applied for SSN:11/13/2012
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#5
10-22-2012, 11:37 PM
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I helped a family who had a case like this, the person was a minor when they were "arrested." They actually went to the court to get their record and it showed up clean. They sent all the records they had, including the clean criminal report. No need for a lawyer unless you were over 18 and the crime/misdemeanor is on your record.
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RENEWAL Application Sent - 6/12/2014 by USPS Priority to Dallas (self-filed)
Confirmation text/ email- 06/18/2014 ~~Form I-717 arrived in mail - 06/23/2014
Biometrics appointment letter arrived - 06/26/2014 for 07/11
Approved i821 and i765 - 9/19 (EAD arrived in mail 9/27)
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#6
10-22-2012, 11:40 PM
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Quote:
Originally Posted by Lulu_derek1 View Post
I think he should get a lawyer because even though he was a minor only 10 years old USCIS has acsses to all evidence even expunged records...
They do, which is why he should get anything he can regarding his situation. But since he wasn't formally charged or convicted with anything, it doesn't count towards his misdemeanors and def not a felony. It was pretty much a "this is your punishment, if you do it, we'll forgive you. If you don't we will send you to jail". Especially at that young of an age.

But before you send it in, if there is an organization that can review it for you for free or low low low cost, then have them review it. But if you don't, and this is your only criminal issue, just go over it a few times, send it everything you have, and apply.
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#7
10-23-2012, 11:00 PM
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JoeNexusSlash
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I forgot to mention, the document I have is a criminal background check. I had to send a form and my fingerprints. I haven't gotten into any trouble after that. My second question would be, I have read through the application and it ask if you have been convicted, charge and whatnot. I was not arrested by a cop, so I dont think there was ever a record or that criminal background check would have showed it. What should I check? I am filing my application right now
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#8
10-24-2012, 03:46 AM
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JPerezR
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Quote:
Originally Posted by JoeNexusSlash View Post
I forgot to mention, the document I have is a criminal background check. I had to send a form and my fingerprints. I haven't gotten into any trouble after that. My second question would be, I have read through the application and it ask if you have been convicted, charge and whatnot. I was not arrested by a cop, so I dont think there was ever a record or that criminal background check would have showed it. What should I check? I am filing my application right now
I think nothing will come up on the biometric background check. 1 because you were not arrested. And 2 because you were not convicted or even attended court. Your name will also not be flagged in any of the databases USCIS runs you through for the reasons above.

There was someone who had a minor criminal case on this forum and was approved for DACA. He said he didn't tell USCIS about it and his background came up clean.
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#9
10-24-2012, 04:15 AM
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JoeNexusSlash
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Do you happened to have a link for it? I am not quite use to the search feature on this site.
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#10
10-24-2012, 04:24 AM
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JoeNexusSlash
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Hmmm I pleaded guilty thought but basically I was told that if I finished the program, the issue would be taken to an actual court. And could be be used against me later in life. I still have the original papers, summons, and after and verdict.
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