I-130 Petitioner and Criminal Record

[Erica & L 50]

Hey guys,

You've all been so helpful and my wife and I should be sending out our package by mid January at the latest (yay) so excuse me if I make threads in the next few weeks expressing my concerns about stupid little details, it's just important that this all goes as smoothly as possible for us, timeline wise.

My question is, my wife was arrested when she had barely turned 18 (she's now 22) on a DUI with a controlled substance, she just plead and got Youthful Offender as recommended by her lawyer, which to my knowledge, doesn't show up on most background checks unless it's for something medical, or in this case, the government. She paid her fines, went to NA and was drug tested over a several months span as part of her punishment etc and all was fine and passed everything. She's obviously grown up a lot and isn't involved in stuff like that anymore, but she brought up to me earlier (I already knew about it) but I wasn't even considering if this could be an issue because I-130 doesn't ask for the petitioner's criminal background, just the I-485 which asks for my criminal history (which is clean)

In the I-130 FAQ though, it says:

How often is the I-130 petition denied??
Not very often, but nonetheless, it happens.

What are grounds for the CIS to deny an I-130 petition??
There are several grounds for which the CIS can deny your petition. Not being honest with them, or insufficient proof of citizenship, criminal record or US residency are the most common, however, as earlier said, a denial is rare.

So does this mean we have to provide her criminal record history regardless/as a precaution, or as I've read in other threads, is that only required if her crime fell under the Adam Walsh Act or somewhat of an equally as serious offence? Can they view the petitioner's criminal record automatically anyways and just request more documents if they feel it is necessary?

Most people's responses have said it doesn't matter for I-130 unless it's a very serious crime that would give immigration a reason to doubt your process.

Any insight really appreciated!!

Edited December 26, 2013 by justfromerica

[Teddy B 17,251]

Hey guys,

You've all been so helpful and my wife and I should be sending out our package by mid January at the latest (yay) so excuse me if I make threads in the next few weeks expressing my concerns about stupid little details, it's just important that this all goes as smoothly as possible for us, timeline wise.

My question is, my wife was arrested when she had barely turned 18 (she's now 22) on a DUI with a controlled substance, she just plead and got Youthful Offender as recommended by her lawyer, which to my knowledge, doesn't show up on most background checks unless it's for something medical, or in this case, the government. She paid her fines, went to NA and was drug tested over a several months span as part of her punishment etc and all was fine and passed everything. She's obviously grown up a lot and isn't involved in stuff like that anymore, but she brought up to me earlier (I already knew about it) but I wasn't even considering if this could be an issue because I-130 doesn't ask for the petitioner's criminal background, just the I-485 which asks for my criminal history (which is clean)

In the I-130 FAQ though, it says:

How often is the I-130 petition denied??

Not very often, but nonetheless, it happens.

What are grounds for the CIS to deny an I-130 petition??

There are several grounds for which the CIS can deny your petition. Not being honest with them, or insufficient proof of citizenship, criminal record or US residency are the most common, however, as earlier said, a denial is rare.

So does this mean we have to provide her criminal record history regardless/as a precaution, or as I've read in other threads, is that only required if her crime fell under the Adam Walsh Act or somewhat of an equally as serious offence? Can they view the petitioner's criminal record automatically anyways and just request more documents if they feel it is necessary?

Most people's responses have said it doesn't matter for I-130 unless it's a very serious crime that would give immigration a reason to doubt your process.

Any insight really appreciated!!

With your wife being the USC and petitioner, her past offenses won't affect your immigration. What the USCIS looks for as far as the USC's background, is violent or sexual based crimes. To my knowledge, those are the only types of crimes which can prevent a USC from petitioning for immigration. You do need to be completely honest about everything. They will check everything and if they find out you lie, it's game over.

On the other hand a DUI does make her inadmissable to Canada. If the border patrol officers decide to do a background check on her during an attempted border crossing, they can deny her entry.

[Erica & L 50]

With your wife being the USC and petitioner, her past offenses won't affect your immigration. What the USCIS looks for as far as the USC's background, is violent or sexual based crimes. To my knowledge, those are the only types of crimes which can prevent a USC from petitioning for immigration. You do need to be completely honest about everything. They will check everything and if they find out you lie, it's game over.

On the other hand a DUI does make her inadmissible to Canada. If the border patrol officers decide to do a background check on her during an attempted border crossing, they can deny her entry.

Right, so when you say to be completely honest with everything would it be dishonest to not send in a copy of her record with the I-130 even though it's not specifically asked for AND because it doesn't fall under the category of a "serious crime"? OR just to be honest in the sense if they were to ask about it during our interview?

She's crossed over into Canada by air, and they hassled her at the airport because she didn't have a return date (we honestly didn't know what our plan was because we were meeting for the first time, but we knew she couldn't just stay there illegally obviously) and they asked to see her phone to check if she was actually communicating with me and all the stuff but they didn't do a background check on her or ask about her DUI.

However she's never crossed over by car before, if that's what you meant.

[Erica & L 50]

Also,

I read in a thread that somebody made where it said this when they went to check your status for I-130:

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

[Erica & L 50]

Also,

I read in a thread that somebody made where it said this when they went to check your status for I-130:

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

With that being said, I assume that my wife would be okay to go ahead and file the I-130 and if they look into her criminal background and decide they want more documentation (which is highly unlikely from what everyone has said) they will contact us and we can provide them with it at that time instead of jumping the gun and sending in stuff they don't ask for and will likely not require?

Thanks all.

[Teddy B 17,251]

Right, so when you say to be completely honest with everything would it be dishonest to not send in a copy of her record with the I-130 even though it's not specifically asked for AND because it doesn't fall under the category of a "serious crime"? OR just to be honest in the sense if they were to ask about it during our interview?

She's crossed over into Canada by air, and they hassled her at the airport because she didn't have a return date (we honestly didn't know what our plan was because we were meeting for the first time, but we knew she couldn't just stay there illegally obviously) and they asked to see her phone to check if she was actually communicating with me and all the stuff but they didn't do a background check on her or ask about her DUI.

However she's never crossed over by car before, if that's what you meant.

You do not need to volunteer any information that is not requested, however if it is requested, complete honesty is a must. USCIS will do background checks on the both of you before you get to your interview stage, so whatever questions you are asked need to be answered truthfully.

Crossing the border can be like playing Russian roulette, you may get through a bunch of times with no problem, but then on the one rare occaision a border guard decides to look a little deeper for whatever reason and she might get denied entry. My guess is if the DUI ever comes up while attempting to enter Canada, she will be denied. They take that offense much more seriously than the US does.

With that being said, I assume that my wife would be okay to go ahead and file the I-130 and if they look into her criminal background and decide they want more documentation (which is highly unlikely from what everyone has said) they will contact us and we can provide them with it at that time instead of jumping the gun and sending in stuff they don't ask for and will likely not require?

Thanks all.

Correct.

[ValerieA 350]

At worst, they will just want to make sure your wife knows about your past criminal history, and may ask about it in that context at the interview. As TeddyB has already mentioned, they are worried about violent crimes on the part of the petitioner.

[Erica & L 50]

At worst, they will just want to make sure your wife knows about your past criminal history, and may ask about it in that context at the interview. As TeddyB has already mentioned, they are worried about violent crimes on the part of the petitioner.

You mean that I know about her criminal history? She's the petitoner haha I'm the Canadian!

And yes, I know all about it, in case they ask me during the interview.

[ValerieA 350]

You mean that I know about her criminal history? She's the petitoner haha I'm the Canadian!

And yes, I know all about it, in case they ask me during the interview.

Oops, sorry, got that mixed up at some point!

[Hypnos 6,576]

Outside of AWA-related offences, the US citizen petitioner's criminal record matters not a jot when it comes to being able to petition. It isn't asked for on the I-130, you do not need to document it anywhere, and likely it will never arise as even a minor issue. The US government is only concerned with prospective immigrants' criminal records, again outside of AWA offences (which mostly concern sexual offences against a child).

[Erica & L 50]

Thanks guys!

[NArocks 13]

Chiming in , First hope you get a sponsor as I read your other posts hun

As far as a criminal record I ( USC ) have an extensive one and it was never brought up at all either in Interview or any part of the process. Meaning I am one strike away from going away for a long time if I get in trouble.

That said I wish you the best in this process for you and your SO

[Erica & L 50]

Thank you very much.