Get attorney for CR1 if US spouse has criminal history?

[ameriran 2]

Hi there,

 

We are planning to start the process soon with an Iranian spouse that has residency in Italy and an American spouse that has a criminal history (misdemeanor expunged at the state level)

We are wondering if it’s worth getting an immigration attorney as our case is fairly unique and different and I know crimes can affect the process a lot. I also have heard that immigration attorneys can be a waste and even mess up the process as well

 

Would appreciate any input on this?

[top_secret 2,440]

Criminal history of the USC petitioner is irrelevant for a CR-1 case.   USCIS, NVC and the Embassy never even ask about criminal records of the petitioner.

[Jordanian Bride 268]

7 hours ago, top_secret said:

Criminal history of the USC petitioner is irrelevant for a CR-1 case.   USCIS, NVC and the Embassy never even ask about criminal records of the petitioner.

It isn’t irrelevant. Read about Adam Walsh Act. It makes petitions stuck at the USCIS level.

 

Sorry OP I have nothing to add.

[powerpuff 6,723]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[top_secret 2,440]

6 hours ago, Jordanian Bride said:

It isn’t irrelevant. Read about Adam Walsh Act. It makes petitions stuck at the USCIS level.

Yea, you are correct. After I posted that I was thinking I should have qualified that statement better. 

 

Criminal history of the USC petitioner is usually irrelevant for a CR-1 case except in extreme cases involving crimes against children or terrorism etc.  There is no requirement that the petitioner disclose their criminal history as any part of a CR1 case.  Adam Walsh Act. issues are more commonly associated with K  visa petitions. 

 

In the case of the OP where the US spouse had a "misdemeanor expunged at the state level", there is no requirement for the petitioner to disclose it and without more information, I would say that is pretty unlikely to come up in a CR-1 case.  Only if or when it came up somehow would anyone need to consider getting a lawyer involved.

 

 

[pushbrk 12,968]

6 hours ago, top_secret said:

Yea, you are correct. After I posted that I was thinking I should have qualified that statement better. 

 

Criminal history of the USC petitioner is usually irrelevant for a CR-1 case except in extreme cases involving crimes against children or terrorism etc.  There is no requirement that the petitioner disclose their criminal history as any part of a CR1 case.  Adam Walsh Act. issues are more commonly associated with K  visa petitions. 

 

In the case of the OP where the US spouse had a "misdemeanor expunged at the state level", there is no requirement for the petitioner to disclose it and without more information, I would say that is pretty unlikely to come up in a CR-1 case.  Only if or when it came up somehow would anyone need to consider getting a lawyer involved.

 

 

Mostly correct.  I would say that in a spouse case, the petitioner's criminal record is irrelevant unless it includes a sex crime against a child.

 

However Adam Walsh Act is NOT more associated with K visa cases.  You are confusing AWA with IMBRA.  IMBRA is only associated with K visa cases.

[ameriran 2]

Thanks for all the input, I was fairly aware of the AWA. It’s tough as my case may potentially fall under it. Although it was expunged at a state level I believe I would still need to disclose it regardless. If anyone has some recommended attorneys to talk to about this, or link me to relevant threads (I tried searching on here but nothing too informative turned up).

 

Again, thanks for all the help!

[pushbrk 12,968]

26 minutes ago, ameriran said:

Thanks for all the input, I was fairly aware of the AWA. It’s tough as my case may potentially fall under it. Although it was expunged at a state level I believe I would still need to disclose it regardless. If anyone has some recommended attorneys to talk to about this, or link me to relevant threads (I tried searching on here but nothing too informative turned up).

 

Again, thanks for all the help!

Expunged would be meaningless in an immigration case.  USCIS will have the access.  So yes, get a legal opinion before proceeding.  I don't have an attorney recommendation for you.