about past record

[charlize56 4]

my fiance had a criminal record 20 years ago,but he didnt kill a person,just did some shitty things when he was young,he was also an army way back in 1977,but now im sure that he is a good man taking care of his mother,so having a past record doesnt mean that youre a bad guy.people change,and he is very good to me,doin the best thing for us to be together.but im worried about his past record,,,,i need answer or advice from other people here,what do you think?when he apply or file for the fiancee visa for me do you think it might cause a reason to be deny because of his past record?he is totally cleared now, not doin anything bad,always pay his taxes on time...

[JimVaPhuong 4,863]

I assume he's the US citizen petitioner, right?

Certain crimes involving violence, drugs, or alcohol are covered by the IMBRA, and must be disclosed. This means he'll have to provide complete police and court records. They won't automatically disqualify him. However, if he's filed fiancee visas in the past and needs to ask for a waiver of the filing limitations then they could deny his petition for IMBRA related crimes.

Crimes covered by the Adam Walsh Act, which are mostly sexual offenses against children, would disqualify him from submitting any type of family based visa petition.

[Gary and Alla 3,694]

I assume he's the US citizen petitioner, right?

Certain crimes involving violence, drugs, or alcohol are covered by the IMBRA, and must be disclosed. This means he'll have to provide complete police and court records. They won't automatically disqualify him. However, if he's filed fiancee visas in the past and needs to ask for a waiver of the filing limitations then they could deny his petition for IMBRA related crimes.

Crimes covered by the Adam Walsh Act, which are mostly sexual offenses against children, would disqualify him from submitting any type of family based visa petition.

Correct. For the US citizen a criminal record is of less consequence unless it is AWA related. They are more concerned about protecting the foreign fiancee and making sure he/she knows about the criminal record and is making an informed decision. They cannot keep a US citizen out of the US, criminal or not.

If your fiance is the foreign citizen applying for the visa, a criminal record can prevent issuance of the visa.

[sassafrass417 0]

Correct. For the US citizen a criminal record is of less consequence unless it is AWA related. They are more concerned about protecting the foreign fiancee and making sure he/she knows about the criminal record and is making an informed decision. They cannot keep a US citizen out of the US, criminal or not.

If your fiance is the foreign citizen applying for the visa, a criminal record can prevent issuance of the visa.

My fiance has a very minor (no jailtime) criminal record- the lawyers I have spoken with said the criminal record isn't usually a problem unless it's for crimes of moral turpitude. Is that your experience as well? Thanks!