US PETITIONER WITH DRUG RECORDS

[Jan2817 0]

Pls. Enlighten me. My husband who is a US citizen has drug records before. Will our I-130 petition be approved? We are waiting for NOA2 and its been 6 months already.

[Going through 5,668]

54 minutes ago, Jan2817 said:

Pls. Enlighten me. My husband who is a US citizen has drug records before. Will our I-130 petition be approved? We are waiting for NOA2 and its been 6 months already.

The CR-1 focuses more on the foreign spouses' criminal history, not the USC's (if he has offenses falling under the Adam Walsh Act, then it becomes a huge focus..).

 

The USC criminal history could delay the petition for a bit since things will come up in his background check, but it's not like the K1 visa where crimes committed by USCs  becomes more of a focus during the petition stage.

Edited September 26, 2017 by Going through

[Jan2817 0]

What can you advice us to do if his drug records affect the processing of the petition? Does he need to get police certificate? 

[Going through 5,668]

7 hours ago, Jan2817 said:

What can you advice us to do if his drug records affect the processing of the petition? Does he need to get police certificate? 

Since he is the USC, (I assume the crimes happened in the States?) no he does not need a police certificate.  FBI will run a background check on him themselves.

 

Again, the focus is more on whether YOU have a criminal background, not him, for the CR-1.

Edited September 26, 2017 by Going through

[Jan2817 0]

Ok thank u so much.. Ur such a big help!

[pushbrk 12,113]

I'm just going to second the advice you already have and emphasise again that your spouse's criminal record could cause a delay in approval of the petition, but to be clear (since you probably don't know about the Adam Walsh Act) as long as your spouse's record does not include a sex crime against a child, the criminal record of a US Citizen is not grounds for denying the petition or the visa.

[Jan2817 0]

I've read about the Adam Walsh Act sir.. He was only involved in drugs. Thank u so much. This is such a big help to me.

[pushbrk 12,113]

12 minutes ago, Jan2817 said:

I've read about the Adam Walsh Act sir.. He was only involved in drugs. Thank u so much. This is such a big help to me.

To further clarify, six months is not an indicator of a delay.  Some petitions without reasons for delay are currently taking more than 8 months to receive approval.

 

[Jan2817 0]

So in our case sir it may take a year or more?

[Diane and Chris 651]

3 hours ago, pushbrk said:

I'm just going to second the advice you already have and emphasise again that your spouse's criminal record could cause a delay in approval of the petition, but to be clear (since you probably don't know about the Adam Walsh Act) as long as your spouse's record does not include a sex crime against a child, the criminal record of a US Citizen is not grounds for denying the petition or the visa.

So if a petitioner had a previous conviction of armed robbery or murder it would not make a difference?  

[Going through 5,668]

18 minutes ago, Diane and Chris said:

So if a petitioner had a previous conviction of armed robbery or murder it would not make a difference?  

Not in terms of eligibility of applying for immigrant benefits for a foreign spouse which is what the OP is asking about, no to the burglary.

Murder, not sure.  There are USCs who file petitions while in prison, and get approved.

 

Note: eligibility to file does not equal approval, though.

Edited September 26, 2017 by Going through

[f f 725]

make sure the immigrant knows about every crime the usc has done since they will be asked about them during the interview. this is done to make sure the immigrant is aware of the crimes the usc has done since the usc may try to hide them and it would be dangerous to move to a foreign country where the person you depend on is involved in criminal activity you were not aware of.

[Cathi 5,610]

5 hours ago, Jan2817 said:

So in our case sir it may take a year or more?

No one can tell you how long it will take.

[snowcat 58]

17 hours ago, Jan2817 said:

Pls. Enlighten me. My husband who is a US citizen has drug records before. Will our I-130 petition be approved? We are waiting for NOA2 and its been 6 months already.

My husband had drug offences in the past as well, and even received a felony for it, back when he was young (and quite stupid hehe) in college, around 10 years ago. I think it was just a state felony, so maybe it's not as bad, but still. It worried me a bit, but we were able to still get approved for K1, are now married and both living in the US, and I now have my EAD/AP card. Things have gone smoothly so far. Not sure if it was because it happened a long time ago and my husband has been on his best behavior since then, or if it was because it was just a state felony, or if it just simply doesn't matter at all. But based on my experience, I don't think you should worry.  

Edited September 26, 2017 by snowcat

[Jan2817 0]

5 hours ago, f f said:

make sure the immigrant knows about every crime the usc has done since they will be asked about them during the interview. this is done to make sure the immigrant is aware of the crimes the usc has done since the usc may try to hide them and it would be dangerous to move to a foreign country where the person you depend on is involved in criminal activity you were not aware of.

I will ask every detail of it. Thank u very much..