Jump to content
Sign in to follow this  
IsmoBem

VISA APPLICATION WITH PENDING CRIMINAL CASE

6 posts in this topic

Recommended Posts

Good day!

I am a Filipina and married to an American few months ago. Now my husabnd is trying to get me to US and applied for a spousal visa for me. Now, i have a dilema with my visa interview. My ex bf filed a estafa case against me way back in 2009, i was not aware of the case being filed hence i was arrested for not showing up to the court or answering the complaints. Now i am just on bail. This all happened last spetember 2010 . we filed a motion to reinvestigate and it was granted but Last February 2011 i have received a Hold Departure Order for me. Do u think this will affect my visa application? and is there any legal solutions i cud do? and is it true that all HDO is only good for 60 days? Is there any possibility that i am still on the watch list and that i may not be able to leave the country.

and if by chance the US embassy have my records what legal actions i should do so i could be granted a visa despite the pending criminal case.

i would greatly appreciate if you could attend to my questions.

Thanks


Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres.]1st Cor 13: 4-7

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

The Embassy will know of your legal trouble as it will likely appear on the police certificate that has to be submitted to the NVC and that same police certificate would be reviewed by a CO. If the CO determines this legal issue makes you inadmissible to the US, then your visa application will be denied.

My suggestion is the US Citizen petitioner should consult an attorney about this.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

I applied for NBI clearance last week i tot i was able to get it the same day but they had to let me come back after 20 days? what does this mean? do u think they have found something on my record and they are verifying it? and do think this will automatically mean that visa will be denied?


Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres.]1st Cor 13: 4-7

Share this post


Link to post
Share on other sites

^^^ I don't know what it means. I guess you'll have to wait and see what your NBI says.


Tahoma and Chinook's K1 story --->> http://www.visajourney.com/forums/user/57425-tahoma/

Share this post


Link to post
Share on other sites
Filed: Country: Philippines
Timeline

If you get an NBI showing NO CRIMINAL RECORD, then the Embassy will learn about the case because they WILL ask for an NBI written explanation. Estafa probably qualifies as a Crime Involving Moral Turpitude which would make you ineligible for a visa if convicted (not sure if a waiver is available based on your marriage to USCit). If the case was dismissed, then this would not be a problem for you. In a pending case which qualifies as a Crime Involving Moral Turpitude (CIMT), they will 221g it until the court case is resolved.

You will need to resolve this case before proceeding with the visa, most likely. Good luck and get a good attorney that you can supervise. There are way too many PHL attorneys who take money and do nothing.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...