Arrested and 5 months in Jail after filing now at NVC...who do you tell?

[dwheels76 5,468]

For a friend:

I have a friend who filed petition for spouse. between NOA1 and arriving at NVC (about 3 months ago) he got arrested on his like 3rd in life DUI and was sentenced to 5 months in jail.

he is now out of jail and getting things together for NVC. Does he need to notify USCIS, NVC of his arrest and jail time? he is the petitioner.

[altonbebe 48]

To the OP, if I come across harsh. Then good, that is the way I meant it.

I like the way you state " his like 3rd in life DUI ". You say it in a way " well, he has only received 3 in his entire life ".

Now I counter back with......." He should never have any. " Now before you lam blast me. If you have never been involved in the capicity of a vehilce accident with the "LIKES" of the these total irresponsile people like I have, then my freind, you have no position to remark back towards me.

If your freind has " 3 ", the last thing he needs to consider is bringing an unspecting party. Do they know about this. Do they know about the possiblilty that this party faces serious prison time as some point and time. If he / she is at " 3 ", the the odds are in favor that there will be a " 4th " somewhere down the line.

My advise to your " freind " fix him / herself, before dragging an innocent party down with them.

Alcoholism is a serious serious issue as well as being hooked on pain killers.

That is my two cents on this subject.

Your freind needs help.

Again, my apologies for being so harsh in my reply but you made it sound as if " 3 " is not a big deal.

Edited June 15, 2014 by altonbebe

[pepper44 18]

I would say yes since it was a criminal offense. He will probably have to submit the papers as well showing his charges and the outcome of them.

Do DUI charges affect a petition? Could it be denied if the petitioner has 3 DUI's?

Is he now a felon?

A 3rd DUI is a felony in most states. He is now not eligible to visit most countries.

[dwheels76 5,468]

To the OP, if I come across harsh. Then good, that is the way I meant it.

I like the way you state " his like 3rd in life DUI ". You say it in a way " well, he has only received 3 in his entire life ".

Now I counter back with......." He should never have any. " Now before you lam blast me. If you have never been involved in the capicity of a vehilce accident with the "LIKES" of the these total irresponsile people like I have, then my freind, you have no position to remark back towards me.

If your freind has " 3 ", the last thing he needs to consider is getting married to an unspecting party. Do they know about this. Do they know about the possiblilty that this party faces serious prison time as some point and time. If he / she is at " 3 ", the the odds are in favor that there will be a " 4th " somewhere down the line.

My advise to your " freind " fix him / herself, before dragging an innocent party down with them.

Alcoholism is a serious serious issue as well as being hooked on pain killers.

That is my two cents on this subject.

For the sake of the innocent party, I hope the petetion is denied.

No offensive to me. It's not my friend, I am posting the question for a friend (its her friends husband).

Yes the wife/benficiary knows all about it. I wasn't being flippit about the "like 3rd DUI". I was stating that I believe this was his 3rd he has had.

The petitioner and beneficiary just wanted to know who does she update or tell or does she have to state he was in jail the last 5 months at interview. They both aren't trying to hide anything and just want to know how to move forward.

She has just 3 months ago gave birth to their first child and just wants to be with her husband.

You can be as mad as you want at whoever and whatever. I am not your problem. Bu3wewt thank you for your commentary.

[LIFE'SJOURNEY 970]

The correct answer is NO, the petitioner is a USC, or LPR. They are not. Petitioning for a visa.

[LIFE'SJOURNEY 970]

I would say yes since it was a criminal offense. He will probably have to submit the papers as well showing his charges and the outcome of them.

Do DUI charges affect a petition? Could it be denied if the petitioner has 3 DUI's?

Is he now a felon?

A 3rd DUI is a felony in most states. He is now not eligible to visit most countries.

A USC with a felony can petition a spouse, as long as the charges doesn't fall within the Adam Walsh act, and if it does they can submit a waiver. maybe you were think about the Beneficiary, they must be squeaky clean.

[Jawaree 718]

A petitioner who petition another ...that's USC... does not

stop them from doing so unless their crime comes under

Adam Walsh act....only way petition affects the process its

if the applicant were arrested

[phd1974 17]

If it is ate the NVC, doesn't the criminal questions come into play when they fill out their DS160 or DS260. If he has not filled this out yet, then of course it will be asked and he will have a chance to document his arrests in the past. If he already filled it out, then I believe you can make changes to the submitted form through some process. I saw a post on here earlier about changing your answers on one of these forms after it is submitted, but it may "restart" the clock on his submitted petition.

On another note, I do feel a bit sorry for the beneficiary. Not only does the petitioner face more jail time if it happens again, but she also now have to think about her safety if she is ever in the car with him during a DUI. For Texas, if he gets another one within a certain period of time, he could very well be facing over a year in prison.

Edited June 16, 2014 by phd1974

[dwheels76 5,468]

If it is ate the NVC, doesn't the criminal questions come into play when they fill out their DS160 or DS260. If he has not filled this out yet, then of course it will be asked and he will have a chance to document his arrests in the past. If he already filled it out, then I believe you can make changes to the submitted form through some process. I saw a post on here earlier about changing your answers on one of these forms after it is submitted, but it may "restart" the clock on his submitted petition.

On another note, I do feel a bit sorry for the beneficiary. Not only does the petitioner face more jail time if it happens again, but she also now have to think about her safety if she is ever in the car with him during a DUI. For Texas, if he gets another one within a certain period of time, he could very well be facing over a year in prison.

DS-260 has nothing to do with the petitioner. That's why I am asking where along the lines should she (the beneficiary say something if anything).

[phd1974 17]

You are correct.

I assume the petitioner would need to be the one that says something, it is his responsibility. If the beneficiary believes that they will be denied because the petitioner failed to notify the appropriate authorities of his recent incarceration, she needs to communicate with the petitioner and find out who he needs to contact (if at all). I do not think it is the beneficiary's responsibility to report the criminal record of the petitioner.

If the petitioner does not want to do it, then I guess they will both find out the results of their decision during the interview or any subsequent background/criminal record checks the NVC does.

with that said, it would not hurt to try to contact both the NVC and USCIS to find out who the appropriate organization is to report these things to.

My best guess, if the beneficiary and petitioner do nothing, is that they may or may not be questioned about it during the interview (so being prepared to answer for it) ... and/or after the interview be put in AP for an extended amount of time while it is investigated before issuing (or denying) visa. Which would be the best to do? I would approach this like anything else that affects the process (eg address changes, etc) - someone would have to be notified and have it documented, etc so as to not seem they are trying to hide something. That is my opinion.