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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

albden
Hello,

I don't know if anyone has been in this situation before but I wanted to know if prior arrests or convictions affect the case???

any help is appreciated.

thanks smile.gif
Jigi
hi,

depends under which section the arrests were made and seriousness of the offence the american law looks at.

Jigi
payxibka
Crimes Involving Moral Turpitude (CIMT) will have an impact....
YuAndDan
Depends on who was arrested or convicted.

If US Citizen, Not Much.

IF Foreign Citizen then you may want to read:

INA Section 221(g) (2) Criminal and related grounds.- (A) Conviction of certain crimes.-

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html
payxibka
QUOTE(YuAndDan @ Nov 21 2007, 12:13 PM) *
Depends on who was arrested or convicted.

If US Citizen, Not Much.

IF Foreign Citizen then you may want to read:

INA Section 221(g) (2) Criminal and related grounds.- (A) Conviction of certain crimes.-

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html


I think the "not much" is not necessarily so correct anymore... Certain crimes covered by the Adam Walsh law will cause the USC to become ineligible to file a petition (I-130 & I-129F). IMBRA while it does not appear at the moment to have an effect, the USCIS (and only I-129F petitions) could always change how they adjudicate these petitions as well as the frequencies of the issuance of waivers.
albden
The first arrest was for a motorcycle accident. Somebody was killed. My husband was left in house arrest and never did jail time, when time for the court came he was sentenced to one year for careless riding or something but since he did it in house arrest he never did jail time. Everyone figured that it was an accident (the lady was walking on a road for no pedestrians) so he wasn't put in jail.

the second one is for punching a police officer and again he was left in house arrest for 5 months. basically he never did prison time but these are showing in his reports that I got.

I'm freaking out so bad. I don't know what these are considered.

I thought if someone suffered the punishment already what's the big deal????

btw this is for the applicant.

somebody help sad.gif
YuAndDan
QUOTE(albden @ Nov 21 2007, 04:29 PM) *
The first arrest was for a motorcycle accident. Somebody was killed. My husband was left in house arrest and never did jail time, when time for the court came he was sentenced to one year for careless riding or something but since he did it in house arrest he never did jail time. Everyone figured that it was an accident (the lady was walking on a road for no pedestrians) so he wasn't put in jail.

the second one is for punching a police officer and again he was left in house arrest for 5 months. basically he never did prison time but these are showing in his reports that I got.

I'm freaking out so bad. I don't know what these are considered.

I thought if someone suffered the punishment already what's the big deal????

btw this is for the applicant.

somebody help sad.gif
You need to wait and see what the consular officer says, but it sounds like you will have to file an I-601 waiver. (One offense is fairly easy to deal with, Two offenses is harder)

There is a forum that discusses this subject. http://www.visajourney.com/forums/index.php?showforum=113


albden
what is a I-601 waiver????
albden
ok, I read section 221g and it says for multiple convictions of 5 years or more.
my husband's was only 1yr and 5 months alltogether and he didn't even do jail time, he wasn't allowed to leave the city or something till court date. Not even house arrest. gggggggggrrrrrrrrrrrrrrrrrr, I'm so frightened sad.gif
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