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Criminal Conviction

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My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;
"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.
Until the security checks have been completed, we cannot move forward on your case .
The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.
If you do not receive a notice of action from us within 6 months, please contact...."
Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

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My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;

"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.

Until the security checks have been completed, we cannot move forward on your case .

The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.

If you do not receive a notice of action from us within 6 months, please contact...."

Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

It all depends if the felony involved a child(Adam Walsh ACT-AWA), violence of a women rape. US citizens also get denied at the USCIS so you have to just wait for decision.

No advice all you can do is wait.

Edited by dwheels76

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This is the standard cut and paste response to an inquiry, do not worry about it.

The 5 months is an estimate, not a hard number, so give it some more time.

My husband and I are in the process of a spousal immigration visa. We have been at the Regional service center the 5 months they state as the normal processing time. So we sent a status inquiry and just received the following status update;
"The processing of your case has been delayed. A check of our records establishes that your case is not ready for decision, as the required security checks remain pending.
Until the security checks have been completed, we cannot move forward on your case .
The security checks are required on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision as soon as the security checks are complete.
If you do not receive a notice of action from us within 6 months, please contact...."
Now we are worried. My husband is the U.S. Citizen and had a felony conviction in the past. I am from Vietnam a communist country. I have never been a party member and my husband served his entire sentence. Could they possibly deny my immigration due to his conviction. It would seem that he will always be a U.S. Citizen with a conviction no matter who he marries. We are already married by the way. Could it possibly take an entire 6 months to learn the outcome? Had anyone had such an experience? Any advice?

Edited by CheeAndPaul

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My husband is serving time in federal prison right now and our I-130 was approved without a problem. As long as your husband's crime did not involve violence or sexual assault against women or children, his conviction should not play a role in the decision on your petition.

Likewise, you coming from a communist country shouldn't play a role either, as you are not a member of a communist party. Lots of people immigrate from Vietnam. ?

I hope you hear something soon.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Immigration from Vietnam has it's own issues so I suggest visiting the Vietnam regional forum for any specific answers as well. :) Best of luck.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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