Petitoner with a criminal record - is this grounds for denial?

[pushbrk 12,106]

In retrospect: So, it is not required for a Spousal Visa Request. So, you implying she attend the interview with No Loaded Guns to defend the Petition and the Petitioner's past Criminal Activity? The beneficiary being aware of his past is good but that will not be on course. The CO is going to look at her safety based on Convictions/Felon. So, what happens is a case like this? Just because she knows about it don't mean much with the Petitioner's Background. To me, it would make better sense to provide Information/Documents related to treatment verification to insure the beneficiary will not be in harms way. I mean: Why go to an interview you can't win unless and maybe they ask for these documents later as I stated. Do it right the first time. Have everything there for the Interview the First time. They will definately throw this on the "back burner" or deny.. Would you Approve it without showing proof of rehabilitation of the Petitioner ? No. And the CO won't either I would think.

It really doesn't matter what you think. Even if the petitioner was currently on parole for armed robbery, it would have no bearing on a spouse visa process. Only petitioner criminal records related to the Adam Walsh Act would impact the process. IMBRA does not apply to a CR1 or IR1 process.

Consular officers follow the law. The law does not require that petitioners show evidence of rehabilitation for past crimes, so Consular Officers don't require it either.

[TallT2012 0]

It really doesn't matter what you think. Even if the petitioner was currently on parole for armed robbery, it would have no bearing on a spouse visa process. Only petitioner criminal records related to the Adam Walsh Act would impact the process. IMBRA does not apply to a CR1 or IR1 process.

Consular officers follow the law. The law does not require that petitioners show evidence of rehabilitation for past crimes, so Consular Officers don't require it either.

Thank you for your information it's appreciated.

[pushbrk 12,106]

Thank you for your information it's appreciated.

You're welcome. Unless your record includes sex crimes against children, you can proceed with the same expectations as those without criminal records.

[Tim/Mav 305]

It really doesn't matter what you think. Even if the petitioner was currently on parole for armed robbery, it would have no bearing on a spouse visa process. Only petitioner criminal records related to the Adam Walsh Act would impact the process. IMBRA does not apply to a CR1 or IR1 process.

Consular officers follow the law. The law does not require that petitioners show evidence of rehabilitation for past crimes, so Consular Officers don't require it either.

I know you're more educated than me. But, that law sucks. If it was your daughter maybe you would disagree. You are giving the OP the idea that this will be a peice of cake. Really.

[TallT2012 0]

Tim/Mav they aren't giving me that impression at all - if I thought it was a piece of cake why would I bother asking for advice to begin with? There's no such thing as an easy process when it comes to visa's and I am already aware of effects of having a record can have which is why we changed from applying for the fiance visa to now applying for the spouse visa not because 'it's easier' but because it's 'better' for our situation

pushbrk - thanks again and no, no sexual crimes or crimes against children. Only thing on my record was what I listed.

Edited October 22, 2012 by TallT2012

[pushbrk 12,106]

I know you're more educated than me. But, that law sucks. If it was your daughter maybe you would disagree. You are giving the OP the idea that this will be a peice of cake. Really.

I gave only the information I gave. You were simply wrong. I said nothing about whether the case will be easy or difficult, only that the criminal record is not going to be an issue in the case. It doesn't matter what I think about the law. It's the law.

[Tim/Mav 305]

I gave only the information I gave. You were simply wrong. I said nothing about whether the case will be easy or difficult, only that the criminal record is not going to be an issue in the case. It doesn't matter what I think about the law. It's the law.

OK Peace.