CR-1 Application - I-601 Foreign Spouse has Criminal Record

[makingplans 0]

Planning to go through CR-1 process with my foreign spouse. He is currently living outside USA and I am living in USA. We have decided we would prefer to live here instead of Italy. Unfortunately, he has a prior criminal record for theft. He was young and hanging with the wrong crowd and made some poor choices. This all happened over 15 years ago but he was convicted and had to serve time for a few months. Does anyone have any experience with this type of issue when applying for CR-1? Will he flat out be rejected for entry to USA/green card? Or is there a chance for admission if we file for waiver I-601? Any insight or advice would be greatly appreciated. Thank you.

[Janelle2002 3,865]

It depends on how much time he actually served in jail. If not over 6 months he is good.

It depends on how much time the crime could possibly carry. If it is not over 1 year he is good.

It depends on if this was his only crime. If it was then he is good, no waiver needed.

Also in some cases theft can be a CMIT and in some cases it is not. The Consulate Officer will be the one to make the decision based off of the court records he submits.

He has to have ALL of these components in order to be eligible for the visa.

If he served less than 6 months, but the possible sentence for the crime was a year and a half he is inadmissible and you will need a waiver.

http://www.state.gov/documents/organization/86942.pdf

Edited July 12, 2013 by Janelle2002

[makingplans 0]

Thanks for your reply and attaching that link. Very useful information!

[Janelle2002 3,865]

you are welcome