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GaryC

The IMBRA law

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I posted this in another thread but I also wanted to post it here.

I just read the whole law, god I have a headache!, and although I am not a lawyer this is what I think I have found. The law has a few things that affect most of us.

1. If the USC has filed more than one petition prior to the one being adjudicated then his/her info is put into a database.

2. There is a 2 year waiting period for a 3rd petition after the filing of a second one.

3. If you met in any way OTHER than an international marriage broker then a special backround check isn't done. If you did meet via a broker then the USC must submit his backround before personal info of the alien party may be given to the USC. The broker must also do a check of the Sex offenders registry and provide that info to the alien.

This is from the law:

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

Note the last sentence. No special checks are done by the DHS.

I could not find anything that says the petitioner must submit his/her own police check with the petition.

If you were introduced through a International marriage Broker then a whole bunch of stuff applies there.

Your fiance will also be asked how you met. If he/she says anything about a marriage broker then they must provide evidence that they were informed of the USC's criminal history regarding sex offences, violent crimes and more than 3 drug/alcohol convictions.

This is also what I found in regard to International Marriage Brokers:

REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND

INFORMATION.—

(A) IN GENERAL.—

(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—

Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.—

Each international marriage broker shall also collect

the background information listed in subparagraph ( B )

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

Now, all this applies if you went through a marriage broker. I don't see where it applies if you met any other way. In the definition of International marriage Broker I don't see how it applies to Yahoo personals or any of the other online dating services unless it is specifically geared to international dating.

Here is the law on that:

INTERNATIONAL MARRIAGE BROKER.—

(A) IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual,

or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating

communication between individuals.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

Notice the last paragraph. It lets the web dating services off the hook.

This is just my own interpretation of the law. I AM NOT A LAWYER!! But I think I managed to get my brain wrapped around it. Anyone that would like to modify or differ with my summery please feel free.

From what I can tell if you didn't meet through a broker then nothing should change. They should not send your petition back for more checks or cancel interviews unless you stated you met through a broker.

It seems that some of the embassies are overreacting. My guess is there are a lot of conference calls going on right now to get it straightened out. Just give it a little time and they will work it out!

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Exhale thanks gary! :thumbs:


3dflagsdotcom_usa_2faws.gif3dflagsdotcom_uk_2faws.gif

K-1 Sent to Vermont St Patrick's Day~ May the Luck of the Irish Be With Us Today!! 3/17/06

NOA1 03-25-06

Touch 06-16-06=RFE Email

Touch 06-17-06

RFE Arrived 06-21-06

RFE Sent back to Vermont 06-21-06

RFE Delivered 06/23/06 10:55am

RFE-Touch 06/24/06

Touch 06/27/06

Approved 08/21/06 {157 days)

Touch 08/22/06

NVC Letter 08-25-06 Hard Copy

Left NVC 08-25-06

Arrived at London 09-01-06

Packet 3 Arrived at Steves Door 09-05-06

Packet 3 Sent back to London 09-15-06

London Medical 09-29-06- Completed

Packet 4 11-20-06

Londen Interview 12-08-06 APPROVED

Visa in Hand 12-12-06

Enters the USA 12-13-06

WEDDING DAY 2/18/07 @ 3pm

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It seems that some of the embassies are overreacting. My guess is there are a lot of conference calls going on right now to get it straightened out. Just give it a little time and they will work it out!

This is my thought too. There is a requirement in there about the embassy being responsible to notify the beneficiary of the petitioner's criminal background, and maybe some embassies just panicked if they didn't have a process in place for it. It really really sucks for people in limbo right now, but hopefully it all gets sorted out quickly and everyone gets apologies for the inconvienence.

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I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.

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I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.

From what I've been reading, it seems that one of the effects will be extra scrutiny at the consular level for those who met on the internet, regardless of whether the specific internet site is classified as an IMB.

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I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.

From what I've been reading, it seems that one of the effects will be extra scrutiny at the consular level for those who met on the internet, regardless of whether the specific internet site is classified as an IMB.

This was taken straight from the law. As long as the alien does not state they met through a International Marriage Broker then no additional scrutiny is called for. (ii) there clearly states that it excludes:

"an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship."

That lets out Yahoo, MSN, Date.com and all the others you care to name.

If you met through one of those "meet asian women" or "meet russian women" sites then you have something to worry about.

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I thought I read somewhere that the law would apply to internet dating sites. I could be wrong, let me see what I can find.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

This lets out internet dating sites unless they specialize in international dating or charge more for men than women or more for USC than aliens.

From what I've been reading, it seems that one of the effects will be extra scrutiny at the consular level for those who met on the internet, regardless of whether the specific internet site is classified as an IMB.

This was taken straight from the law. As long as the alien does not state they met through a International Marriage Broker then no additional scrutiny is called for. (ii) there clearly states that it excludes:

"an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship."

That lets out Yahoo, MSN, Date.com and all the others you care to name.

If you met through one of those "meet asian women" or "meet russian women" sites then you have something to worry about.

But the way a law is written and how it is interpreted by the consulate do not necessarily coincide. In theory you are corerct, but I think that everyone who met online could potentially be affected.

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Thanks Gary for the helpful information and for clarifying this!

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Thanks, Gary..... could you perhaps provide the URL for the site in which you found this information?

I have posted the link in various other IMBRA related threads........but here it is again.

IMBRA


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Thanks, Gary..... could you perhaps provide the URL for the site in which you found this information?

I have posted the link in various other IMBRA related threads........but here it is again.

IMBRA

Not good news :crying:

The U.S. Consulate General in Montreal has received a request from officials of the U.S. Citizenship and Immigration Service (USCIS) stating that the I-129F petition you filed on behalf of your fiancé(e) must be returned to USCIS because of new procedures required by law. The new procedures provide that USCIS must collect additional information from petitioners. Therefore, as per USCIS instructions, we have returned the petition referenced above to USCIS.

At this time, the petition is not considered to be valid. USCIS officials will be in contact with you concerning the additional information required to validate the petition.

This Consulate has no authority in the petition validation/approval process. That authority rests solely with USCIS. We have no further details as to what information will be required by USCIS, or how long it may take in order for USCIS to validate the above referenced petition.

We regret that neither this Consulate nor the National Visa Center has any additional information regarding your petition. Any inquiries concerning the status of the petition should be addressed to the USCIS, telephone number 800-375-5283.

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