Criminal Record - How does this affect?

[Dean iWait 0]

I have a PDF of the law at home. I can see if I can attach it to a PM and send it to you if you like.

[dwar49 0]

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

Paragragh A is the limit of number of petitions which can result in denial

Paragragh C talks about what crimes dont fall under this.

My understanding is that you can be denied. Am I reading this wrong?

[Dean iWait 0]

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

Paragragh A is the limit of number of petitions which can result in denial

Paragragh C talks about what crimes dont fall under this.

My understanding is that you can be denied. Am I reading this wrong?

This is pertaining to the limit on the number of K-1's you can file if you have already had a previous K-1 approved. So if you are over the limit for for number of K-1's filed you can file for a waiver to this part of the law. However if you are a violent offender they will deny your waiver for filing multiple petitions unless you can prove extraordinary circimstances. So if you have violent convictions and are trying to file multiple petitions forget it. But they won't just simply deny a visa if the UCS has a criminal record as long as that person does not exceed the max number of K-1 petitions required by the law.

[dwar49 0]

Okay got it, that concurs with what I understood. So the bottom line is that you can be denied for criminal activity if you have filed over the limit on petitions.

So bottom line is that criminal activity can (in combination with multiple petitions) be reason for denial.

Back to our original statements, neither of us was completely correct.

Just wanted to be sure, because I dont like handing out bad or incomplete info.

[AndyMisiu 0]

uhh, that all sounds a little crazy. I would like to see the PDF if you can send it. I would like to take a read. Thanks

[Dean iWait 0]

Okay got it, that concurs with what I understood. So the bottom line is that you can be denied for criminal activity if you have filed over the limit on petitions.

So bottom line is that criminal activity can (in combination with multiple petitions) be reason for denial.

Back to our original statements, neither of us was completely correct.

Just wanted to be sure, because I dont like handing out bad or incomplete info.

Well yes sort of LOL. Though the actual reason for denial is filing over the max number of petitions allowed. Which is grounds for denial whether you have convictions or not. You just aren't likely to be granted a waiver for an exemption to this part of the law if you are a violent offender. I'm like you just wanted to make sure people knew that having a conviction as a USC is not alone grounds for denial. And I wasn't really clear in my earlier until I read it again for like the 10th time.

6 of one, half a dozen of the other.

[MN&UK 0]

I think the more important question is: What did your fiance do? It doesn't make much difference how old or young he was, as much as the actual crime committed. I worried about this myself, as a fiance of a former football hooligan... We have not found any of his record to be detrimental so far... but then, we have not received NOA 2 yet... so who knows for sure....

You and me too, sister. Gosh darn those hooligan antics. We might all be dancing at the Waiver-A-Go-Go soon. Why can't they show enthusiasm for their teams by hiring scantily clad cheerleaders instead of going on testosterone gone awry outrages?

[AndyMisiu 0]

Well, I read the PDF file of the IMBRA law and all is well. A covnviction on the USC is not grounds for a denial! thanks for the info!!

[Littleone+Robert 0]

Well, I read the PDF file of the IMBRA law and all is well. A covnviction on the USC is not grounds for a denial! thanks for the info!!

we hope so

[robhankins 0]

My fiance was arrested when he was a young teenager, how is this going to affect us? Anyone know?

Thanks.

Any conviction (maybe depends on how serious the crime was) won't be a cause for any petition denial. Per IMBRA, the consular officer during the interview may disclose the convictions of the petitioner to the beneficiary. Not all arrests lead to conviction. Was he convicted of any crime?

From what I understand certain convictions are grounds for denial. Convictions pertaining to a Violent crime require a waiver to be granted. That's just what I've gathered. You may want to look into this thread, and look at the I-129F for more details in the instructions

http://www.visajourney.com/forums/index.php?showtopic=22699

That pertains to the USC and has nothing to do with the foreign national beneficiary which is the case here.

It is also bad information since no coviction of the USC is grounds for denial.

I think you better check your information. Under IMBRA you are required to have a waiver if you have been convicted of certain crimes. NO WAIVER APPROVED NO PETITION APPROVAL. (why tell you to submit waiver if it wasnt grounds for denying the petition?

It is to ask the USCIS to waive the requirement that they inform your fiancee of your conviction if there was extraordinary circumstaces. A section in the law also specifically states that USC convictions are not grounds to deny the beneficiary releif (visa) under the act. So you might want to check your information.

Whoa! Whoa! Hold the presses! This poster above is saying that IMBRA waivers have nothing to do with success of visa application and apply only to the foreign embassy requirement to inform fiance(e)???? Does anyone else have this same understanding? Is he the only poster who maintains this position???

In my case, I had to file a waiver because I have had two K1 visas in sixteen years. One in 1990 and another in 1997. Does this poster believe I needed to file this waiver so the embassy doesn't tell my fiancee of my prior two K1 visas? (of course she already knows). Does this poster above not believe my waiver request must be accepted and approved in order for the application to be approved??? That is not my understanding at all, and I would be very surprised if it were the case.

[Dean iWait 0]

No sorry I was wrong, please check the more recent posts. The waivers are required for filing multiple K-1 petitions over the max limit. Sorry for the confusion.

[ellp 0]

Hi,

I was going to start a new thread, but figure I may as well ask here since this is pretty related. My fiance (who is the USC) has a criminal record, three convictions to do with controlled substances (one for alcohol and two for marijuana), he was 16-17 at the time and is now 19. Would anyone have an idea on how much this will impact the application? Should we get a lawyer?

Haven't been able to start the whole process yet since we're both currently unemployed - I've technically got a job but waiting for there to be actual work to do, he didn't complete HS so needs a GED to get another job. Waiting sucks! Also, I'm 23 (24 in a couple of months), think the age difference is going to impact? A little off-topic but oh well.

Ell.

(PS: I'm new here but have been reading every inch of this site for the past couple of days and have already got some great tips, this is a a damn good site.. hi everyone )

[Dean iWait 0]

Hi,

I was going to start a new thread, but figure I may as well ask here since this is pretty related. My fiance (who is the USC) has a criminal record, three convictions to do with controlled substances (one for alcohol and two for marijuana), he was 16-17 at the time and is now 19. Would anyone have an idea on how much this will impact the application? Should we get a lawyer?

Haven't been able to start the whole process yet since we're both currently unemployed - I've technically got a job but waiting for there to be actual work to do, he didn't complete HS so needs a GED to get another job. Waiting sucks! Also, I'm 23 (24 in a couple of months), think the age difference is going to impact? A little off-topic but oh well.

Ell.

(PS: I'm new here but have been reading every inch of this site for the past couple of days and have already got some great tips, this is a a damn good site.. hi everyone )

Welcome! He will need to disclose the convictions when you file the K-1. He will also be asked to provide certified copies of court and police records for these cases. The consular officer is then required to disclose these convictions to you at your embassy interview. These are not grounds for denying your visa. The age difference is nothing to worry about.

[aussiewench 9]

Okay got it, that concurs with what I understood. So the bottom line is that you can be denied for criminal activity if you have filed over the limit on petitions.

So bottom line is that criminal activity can (in combination with multiple petitions) be reason for denial.

Back to our original statements, neither of us was completely correct.

Just wanted to be sure, because I dont like handing out bad or incomplete info.

Well yes sort of LOL. Though the actual reason for denial is filing over the max number of petitions allowed. Which is grounds for denial whether you have convictions or not. You just aren't likely to be granted a waiver for an exemption to this part of the law if you are a violent offender. I'm like you just wanted to make sure people knew that having a conviction as a USC is not alone grounds for denial. And I wasn't really clear in my earlier until I read it again for like the 10th time.

6 of one, half a dozen of the other.

The IMBRA law itself is not easily understood. What law is? If you read the many different documents available it is easier to understand some aspects on how this law is or may be implemented by USCIS.

The denial of a petition and the denial of a visa because of a violent criminal conviction are not the same thing. I agree with a previous poster in that it is not good advice to be saying that a petition would not be denied under these circumstances as it very well may.

If you read the linked memo it does seem that an adjudicator can deny a petition by the very wording at the bottom of the memo. http://www.uscis.gov/graphics/lawsregs/handbook/DisclsCrHst050306.pdf

This memo is intended to provide guidance on when disclosure may be appropriate and not guidance on the adjudication itself. This memo is not meant to suggest that an adjudicator must approve a petition despite the petitioner’s conviction of a violent or sexual crime that may somehow lead, for instance, to a conclusion that the relationship is not viable, using adjudicative tools and procedures normally available.

Edited July 27, 2006 by aussiewench

[AndyMisiu 0]

Aussie, thank you for all your help. I have to tell you though, my head is spinning from all this IMBRA stuff. I hope to never hear this word again after this experience.