Felony convictions in past

[KayDeeCee 4,891]

I am pretty sure the DOS nor anyone contacts beneficiary and informs them of your prior charges

IMBRA says they are going to do something, But I am sure they don't

They can ask the beneficiary about the petitioner's past crimes to see if they know about them during their interview. If not, I am sure they disclose them, as per the law.

[ohzee64 1]

They can ask the beneficiary about the petitioner's past crimes to see if they know about them during their interview. If not, I am sure they disclose them, as per the law.

My Fiance is aware so that is not my issue. I am just hoping my application is not denied because of it. That is my concern. So I suppose I will get an RFE to get the court documents to them but would that also be grounds for denial or is it for the sole purpose of letting my fiancé know what I did in the past. If that is all that it is then I have no worries because he will be able to identify these in the interview but if I am denied because of it then that is entirely another situation that I just am not prepared to deal with. hopefully it is just to pass it to my finance and nothing more.

[bublik 26]

Actually, NOT disclosing past criminal history by a PETITIONER is one of the main reasons for denial. However, they will give you a chance- you will get an RFE and will be able to correct. Actually, pray for an RFE, because if you don't, and the petition gets approved, and later on it will get found out that you didn't disclose it, it will be grounds for denial of every future petition you will file, including AOS.

I am not sure about the details 1 vs 3 drug/DUI charges. You might need to consult with a very experienced attorney about this.

I have read many denials on USCIS page (they are public record, btw), and as I said, this is a very serious violation.

The section about criminal history in I-129F is exactly for this, and at the stage of USCIS processing, this is what they do- check the petitioner. The beneficiary checks come later, at the embassy stage.

If I were you, I would research this extensively right now and be proactive. You can wait for RFE, or you can find out if there is a mechanism in place to add missing info to your petition.

As I said, this is one of the main reasons for not getting NOA2 and denial of appeals.

[bublik 26]

actually, your post is titled 'felony convictions'

the 3 offenses they refer to would be minor DUI type cases.

If you have FELONY convictions, not disclosing it would be grounds for denial. If I were you, I would contact USCIS immediately and ask how to add missing info to your petition. YOu will need to provide all court documents as well.

[ohzee64 1]

I just spoke to USCIS the CS Rep said it is entirely up to the officer to either deny the application or RFE. I totally misunderstood the conviction instructions as 3 or more drug convictions. I have 2 and the 3rd I believe was dropped in 1989 never convicted. I am praying now for the RFE but also I am making plans to travel to marry my fiancé to file for I130. I am now in panic mode. As of now I have no idea of what to do or think. hoping the officer at least gives me a chance to submit the court docs from 26,16 and 8 years ago.

[beccajayne93 17]

I am going to post my question here because it is a similar topic to yours.

My fiancé, the American petitioner, was convicted of theft when he was 18 (he's smartened up now). Anyways it was a felony. We are not trying to hide it, and I am fully aware of it. When we submitted the I-129F we did not check any boxes because nothing applied to his circumstances, and it is his only conviction.

Was anyone else questioned about their criminal background if they had a felony conviction, i.e. receive an RFE for court orders? I realize that the topic may come up in my K-1 visa interview but that's okay with me, and I am pretty confident that our petition won't be denied for this but I am just wondering if we should expect a tiny delay in our receiving our NOA2. I am looking for petitioner examples only - I, the beneficiary, have no criminal record.

Thanks in advance!

[KayDeeCee 4,891]

I am going to post my question here because it is a similar topic to yours.

My fiancé, the American petitioner, was convicted of theft when he was 18 (he's smartened up now). Anyways it was a felony. We are not trying to hide it, and I am fully aware of it. When we submitted the I-129F we did not check any boxes because nothing applied to his circumstances, and it is his only conviction.

Was anyone else questioned about their criminal background if they had a felony conviction, i.e. receive an RFE for court orders? I realize that the topic may come up in my K-1 visa interview but that's okay with me, and I am pretty confident that our petition won't be denied for this but I am just wondering if we should expect a tiny delay in our receiving our NOA2. I am looking for petitioner examples only - I, the beneficiary, have no criminal record.

Thanks in advance!

I posted the instructions for the I-129F regarding criminal offenses back on post #9 > http://www.visajourney.com/forums/topic/545725-felony-convictions-in-past/?p=7588812

Theft is not one mentioned, therefore did not need to be disclosed and you did not need to check yes to any of those questions or provide court records. Doubt you will get an RFE for something that was not required.

[beccajayne93 17]

I posted the instructions for the I-129F regarding criminal offenses back on post #9 > http://www.visajourney.com/forums/topic/545725-felony-convictions-in-past/?p=7588812

Theft is not one mentioned, therefore did not need to be disclosed and you did not need to check yes to any of those questions or provide court records. Doubt you will get an RFE for something that was not required.

Thanks for your response! I did notice that, and that is what I had also assumed when we sent in the I-129F. However I saw on other threads that people were concerned and stated it might be an issue so that is why I was wondering if anyone with an actual felony conviction had any issues with this

[ohzee64 1]

So only felonies that fall under IMBRA are grounds for denial no other felonies?

[Villanelle 4,121]

So only felonies that fall under IMBRA are grounds for denial no other felonies?

??

Im sorry Im not quite following you. You said in another post "its funny how the same information is interpreted" And I get what youre saying. It can be confusing- if you make it.

It is really quite simple. So instead of trying to answer your question- lets just start over and explain it from the top again, wiping the slate clean okay?

IMBRA stands for the international marriage brokers regulation act. Its a complicated act and it was basically designed to protect aliens from human trafficking and abuse. Something everyone would agree is a +

So IMBRA in addition to regulating marriage broker services it prevents people who have been convicted of certain violent crimes from sponsoring immigrants and it requires the gov to give a copy of certain offenses to the alien so that they are aware of the history of the person they are marrying,

Here is a general pamphlet on IMBRA- if you are interested on what it is- http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered%20Spouse,%20Children%20%26%20Parents/IMBRA%20Pamphlet%20Final%2001-07-2011%20for%20Web%20Posting.pdf

So if you go back to the first page of this thread you will see at the bottom of the info Kay posted it says NOTE: blah blah, if your petition is approved info about your crimes will be disclosed to the alien etc etc. The same info is in the IMBRA pamphlet. That is the heart of the IMBRA act. To protect the alien. The decision once the alien is informed of who you are to go forward with the visa is ultimately up to them. And like mentioned it will be noted in the interview if they knew about it beforehand or not and if not what kind of legitimate relationship did you have?

---

Now in the info Kay provided it also shows the types of crimes they want you to disclose info on. 1 2 and 3.

1 DV assault, child abuse etc

2 Homicide Murder rape

3 Controlled Substance/Alcohol if 3 or more.

IMBRA prevents people with a history of violent crimes. It does not prevent people with a history of controlled substance/alcohol convictions.

Furthermore if you are impacted by IMBRA, you can not simply bypass it by marrying and filing the 130- the same rules apply. People impacted or have their petitions blocked by IMBRA- such as those denied under the AWA (adam walsh act) need to file a waiver.

But we are getting off point because this should not apply to you. waivers and the what not..

Your situation is the following:

You do not know how many convictions you have because they happened so long ago. You are sure of 2 but unsure if you are 3. Thats fine. I mean its not really fine, but its reality. So it is what it is and we will deal with it.

So, what happens now? As the phone rep advised you- All you can do is wait for USCIS to make a decision. Changing petitions wont alter anything except the visa type. IF it turns out you do have 3 CONVICTIONS then yes IMBRA will apply and the process will kick in and they will want to know about them. They can RFE you for info.

So if you want, you can start now to attempt to gather info about the missing case, however most people on here who have attempted to obtain documents from court proceeding from 10 years or further in the past have reported no luck as courts and police stations have told them they no longer have records that old. Things have been digitized and updated and many people run into dead ends. So you can give it a try- just in case an RFE comes. If you have nothing and you tried, well then your RFE will have to include what youve got. Letters from the court saying the records are gone etc.

IF there was no conviction- then youve got no problem. 2 convictions is not 3, so theres no IMBRA.

There was mention in the thread and yes, its troubling- but the officer can deny your 129f because it was incomplete rather then sending you an RFE for the missing info. That would be a jerk move on their part but its not something you can object to because it was clearly in the instructions and its your responsibility to know how many convictions you have.

I dont know if you have kids- nieces-nephews- but its the same grade school lesson they all have to learn when they come home complaining they didnt do their homework and the teacher wouldnt accept their homework late the next day. Tough cookies kid. Live and learn. Your mistake could cost you your application fee plus the time. Maybe the officer will give you an RFE and a pass, maybe they wont... I dont know.

Wishing you the glass half full !!!