Criminal Conviction

[Rainbow lover 0]

My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;
"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.
Until the security checks have been completed, we cannot move forward on your case .
The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.
If you do not receive a notice of action from us within 6 months, please contact...."
Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

[belinda63 2,981]

What was he convicted of? I was a felon when I applied and other than asking my fiancé if he was aware of my criminal history it was not a problem.

[dwheels76 5,459]

My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;

"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.

Until the security checks have been completed, we cannot move forward on your case .

The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.

If you do not receive a notice of action from us within 6 months, please contact...."

Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

It all depends if the felony involved a child(Adam Walsh ACT-AWA), violence of a women rape. US citizens also get denied at the USCIS so you have to just wait for decision.

No advice all you can do is wait.

Edited March 8, 2015 by dwheels76

[CheeAndPaul 9]

This is the standard cut and paste response to an inquiry, do not worry about it.

The 5 months is an estimate, not a hard number, so give it some more time.

My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;
"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.
Until the security checks have been completed, we cannot move forward on your case .
The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.
If you do not receive a notice of action from us within 6 months, please contact...."
Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

Edited March 8, 2015 by CheeAndPaul

[mallafri76 1,012]

My husband is serving time in federal prison right now and our I-130 was approved without a problem. As long as your husband's crime did not involve violence or sexual assault against women or children, his conviction should not play a role in the decision on your petition.

Likewise, you coming from a communist country shouldn't play a role either, as you are not a member of a communist party. Lots of people immigrate from Vietnam. ?

I hope you hear something soon.

[NikLR 13,220]

Immigration from Vietnam has it's own issues so I suggest visiting the Vietnam regional forum for any specific answers as well. Best of luck.