IMBRA k1 help

[peong38 0]

Need help With IMBRA backgrounds check questions i have been charged with domestic assault but was convicted as a simple 5th degree assault and was hoping it doesn't fall in the IMBRA domestic volience and get my k1 visa for my financee's denies...need of advice or simliar situations

[CEE53147 559]

Consult an attorney.  This is my advice for anyone with criminal legal issues in their background whether they are the petitioner or beneficiary.

[Lucy&Jason 807]

I’ve never heard of IMBRA that’s being linked or related to Domestic Violence.. But if you were charged of a criminal offense, you should’ve disclosed it in your 129F form and included all the necessary court orders in your packet.

[debbiedoo 2,339]

most legal problems (on the petitioners side) dont have an effect. HOWEVER any legal issues  involving women, children or violence (of any kind) ARE issues. as well as drugs/alcohol.

 

Get ALL the documentation- form the initial police report to final disposition and any probation, counseling, etc you went through. And hire a GOOD attorney (it wont come cheap)

Edited September 23, 2018 by debbiedoo

[peong38 0]

32 minutes ago, Lucy&Jason said:

I’ve never heard of IMBRA that’s being linked or related to Domestic Violence.. But if you were charged of a criminal offense, you should’ve disclosed it in your 129F form and included all the necessary court orders in your packet.

Thanks

[peong38 0]

Okay was hoping it doesn't come down to that darn oh well

44 minutes ago, CEE53147 said:

Consult an attorney.  This is my advice for anyone with criminal legal issues in their background whether they are the petitioner or beneficiary.

Alright will do 

[JFH 12,190]

6 hours ago, Lucy&Jason said:

I’ve never heard of IMBRA that’s being linked or related to Domestic Violence.. But if you were charged of a criminal offense, you should’ve disclosed it in your 129F form and included all the necessary court orders in your packet.

IMBRA has everything to do with the petitioner’s criminal record, in particular DV. The whole rule was put in place following the death of Anastasia King who was murdered by the man who brought her here on a K-1 visa and had a history of DV. 

[geowrian 22,337]

13 hours ago, Lucy&Jason said:

I’ve never heard of IMBRA that’s being linked or related to Domestic Violence.. But if you were charged of a criminal offense, you should’ve disclosed it in your 129F form and included all the necessary court orders in your packet.

IMBRA has several restrictions, of which a DV record by the applicant can be an issue requiring a waiver. The relevant question on the I-129F to determine if a waiver is needed is below:

"Have you EVER been arrested or convicted of any of the following crimes:

Domestic violence, sexual assault, child abuse, child neglect, dating violence, elder abuse, stalking or an attempt to commit any of these crimes? (See Part 3. Other Information, Item Numbers 1. - 3.c. of the Instructions for the full definition of the term "domestic violence.")"

[Lucy&Jason 807]

7 hours ago, JFH said:

IMBRA has everything to do with the petitioner’s criminal record, in particular DV. The whole rule was put in place following the death of Anastasia King who was murdered by the man who brought her here on a K-1 visa and had a history of DV. 

 

1 minute ago, geowrian said:

IMBRA has several restrictions, of which a DV record by the applicant can be an issue requiring a waiver. The relevant question on the I-129F to determine if a waiver is needed is below:

"Have you EVER been arrested or convicted of any of the following crimes:

Domestic violence, sexual assault, child abuse, child neglect, dating violence, elder abuse, stalking or an attempt to commit any of these crimes? (See Part 3. Other Information, Item Numbers 1. - 3.c. of the Instructions for the full definition of the term "domestic violence.")"

Thanks for the newly added knowledge  

[brevig 28]

On 9/24/2018 at 8:17 AM, geowrian said:

IMBRA has several restrictions, of which a DV record by the applicant can be an issue requiring a waiver. The relevant question on the I-129F to determine if a waiver is needed is below:

"Have you EVER been arrested or convicted of any of the following crimes:

Domestic violence, sexual assault, child abuse, child neglect, dating violence, elder abuse, stalking or an attempt to commit any of these crimes? (See Part 3. Other Information, Item Numbers 1. - 3.c. of the Instructions for the full definition of the term "domestic violence.")"

This is incorrect.  IMBRA waiver is not for domestic violence or any crime.  The IMBRA waiver is related to the limit of 2 k1 visa applications per a person (to request if you are over the limit or within time frame where you cannot apply because of previous applications, so you can apply).  If you have any history of violent crime you won't get the waiver.

 

The other thing IMBRA does related to those crimes is it requires that the information is disclosed to the fiance (whether or not you were convicted).  It's all about making sure the fiance knows about your past and can be sure she wants to proceed.  I think many people get this confused and probably get inappropriately denied.

 

There is also 1 instance that is related, which is if you were a victim during the crime (like you were attacked and fought back), then the waiver can be used to "keep it hidden".

Edited July 30, 2021 by brevig

[millefleur 5,047]

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