Applying for US Visa with criminal record in Jamaica

[ClearBlu 0]

Met a sincere wonderful man during my visit in jamaica back in july and we have been communicating everyday since my return to the US (79 days and counting)....we agreed it was love at first site, as well as fate....we wouldn't have even met if our original tour driver didn't need for my love to take his place that day which he agreed to do...anywayz not to bore u all but here's the question..he wants to come to the states..but he has a criminal record and served 6 years for robbery and only been out a year...i know some of you would tell me not to waste my time, but before you judge his past, you should know his present, and can predict his future.Is there even a chance?? will he be stuck in jamaica forever? who should he talk to? how long does your criminal conviction stay on your record in jamaica?

[GlobeHopperMama 95]

You should try to gather any records regarding the conviction and talk to a US immigration lawyer who deals with waivers of criminal inadmissibility. All 3 linked in my signature are excellent lawyers who handle these kinds of cases. Unfortunately, it's an uphill battle. He'll need to file an I-601 waiver because I'm fairly confident that robbery served for 6 years is a Crime Involving Moral Turpitude. So he'll need to prove rehabilitation, plus you'll need to prove extreme and unusual hardship if he is not allowed to enter the US. An attorney can give you an idea of what your chances are and how difficult it will be. Laura and Lizz (both linked in my signature) offer free consultations, and I suggest talking to both before you proceed.

[LIFE'SJOURNEY 970]

Met a sincere wonderful man during my visit in jamaica back in july and we have been communicating everyday since my return to the US (79 days and counting)....we agreed it was love at first site, as well as fate....we wouldn't have even met if our original tour driver didn't need for my love to take his place that day which he agreed to do...anywayz not to bore u all but here's the question..he wants to come to the states..but he has a criminal record and served 6 years for robbery and only been out a year...i know some of you would tell me not to waste my time, but before you judge his past, you should know his present, and can predict his future.Is there even a chance?? will he be stuck in jamaica forever? who should he talk to? how long does your criminal conviction stay on your record in jamaica?

He would have to file a wavier, his chances is almost a 99.9% that he would be denied a visa. The information on his crimimmal record in Jamamica stays on a life time. Trying is up to you.

[Newbie608 103]

If you are so inlove, move there to be with him. His chance of getting a visa is very very slim. I have known people with charges for stealing and every single visa application was denied( student, visitor, work). That particular person is very educated and just made a stupid mistake, but it will follow him forever. The US embassy in Jamaica is very strict when giving visas so I wouldn't even waste my time and money on getting a lawyer.

Goodluck

Edited September 30, 2012 by Newbie608

[Pinkrlion 2,607]

Met a sincere wonderful man during my visit in jamaica back in july and we have been communicating everyday since my return to the US (79 days and counting)....we agreed it was love at first site, as well as fate....we wouldn't have even met if our original tour driver didn't need for my love to take his place that day which he agreed to do...anywayz not to bore u all but here's the question..he wants to come to the states..but he has a criminal record and served 6 years for robbery and only been out a year...i know some of you would tell me not to waste my time, but before you judge his past, you should know his present, and can predict his future.Is there even a chance?? will he be stuck in jamaica forever? who should he talk to? how long does your criminal conviction stay on your record in jamaica?

I would suggest educating yourself on US immigration laws pertaining to criminal history, also read threads on VJ pertaining to waivers. It has been my experience from talking to others that it will be denied, or it will be seen as a relationship intended for immigration.

[jamdown22 5]

just. to let u know once. u do a hard crime. in ja its stay on record. for the rest of ur life so just. consider him as a friend u meet and call it a day.

[Pinkrlion 2,607]

Here is a link to the waiver thread. http://www.visajourney.com/forums/topic/285054-i601-legal-research-links/

I hope this helps.

[aaydrian 479]

...i know some of you would tell me not to waste my time, but before you judge his past, you should know his present, and can predict his future.Is there even a chance?? will he be stuck in jamaica forever? who should he talk to? how long does your criminal conviction stay on your record in jamaica?

1)There is a 0.000000000001% he might go to the US in the distant future.

2) Your husband may be able leave Jamaica but most likely the USA, UK, Australia, Canada and countries of the like are out. But he can still try.

3) You should be the one talking to the professionals since this is someone wanting to immigrate to the US. All he can do is read a research.

4) FOREVER unless he was wrongfully convicted.

The reason why your husband may not get a visa is that there is somewhere on immigration documents that says you are ineligible for a visa and so inadmissible to the US if the person being petitioned has:

-committed a crime of moral turpitude.

-served a prison sentence of more than 5 years

-and he may not even get a waiver considering that he recently enough got released and enough time has not passed where it could be proven or assumed that your boyfriend turned his life around.

Anyway if it's something you really want you should go ahead and still try.

[ClearBlu 0]

thank u all for your comments....i will take them all in consideration

[NigeriaorBust 4,087]

IF and that is a big if he is ever going to get a visa you are looking at a long slow road, it will take years and tens of thousands of dollars to get him here. The US does not look lightly on people that have not shown good decision making in following their local laws. There is another site immigrate2us.net that specializes in problem petitions. I would recommend you wander by there as you will find more people with difficult journeys.

[Ryan H 3,790]

Moved from Effects of Major Family Changes on Immigration Benefits to Waivers forum; OP's significant other will likely require a waiver before being granted a visa.

[AmyWrites 593]

Start planning to move there. There's almost no chance of him ever getting a visa. And go to immigrate2us.net, they're much better at difficult cases, and yours is very difficult.

[dwheels76 5,462]

If I'm not mistaken you can only file the I-601 waiver if you are married since you would have to show extreme hardship and a fiance' can't do that is that correct?

But 6 tears robbery is a violation of moral turpitude code so hard road. yes. Good you ask before leaping. God bless you both.

[GlobeHopperMama 95]

Fiances actually are qualifying relatives for an I-601, but the argument can be made that the ability to prove extreme hardship is a LOT more of a challenge when the beneficiary and petitioner are not yet married, don't have kids, the beneficiary is not in some kind of financial support or medical support role to the US citizen, and then on top of that, when there's a recent criminal issue to overcome. I know quite a few fiances who had I-601s approved, but in their cases, the waivers were for "simple" unlawful presence in the US and no criminal issues.

[dwheels76 5,462]

Fiances actually are qualifying relatives for an I-601, but the argument can be made that the ability to prove extreme hardship is a LOT more of a challenge when the beneficiary and petitioner are not yet married, don't have kids, the beneficiary is not in some kind of financial support or medical support role to the US citizen, and then on top of that, when there's a recent criminal issue to overcome. I know quite a few fiances who had I-601s approved, but in their cases, the waivers were for "simple" unlawful presence in the US and no criminal issues.

Thank you for the correction. Good to know. Much appreciated.