cr1 Police clearance/ Criminal Record

[MrsRaj 1]

Hi! 
 

I am writing this with a lot of anxiety and stress as my husband and I we are in NVC stage and I as the beneficiary I have a criminal record of minor theft, this was 7 years ago. I was a first offender and had clean record. This is the only offense committed and I had done restitution during my court hearing & attended all my hearings until the verdict was announced.  I have not committed any other crime ever since then and have been clean. I was given a 5 years probation in 2017 and it has completed. 
 

I will be going to get my police clearance done soon, i am not sure if it’ll show on the clearance or not but I choose not to lie. What I would like to know is that if this will affect our NVC stage from being DQ’d or approved. Your advice and feedback will truly calm my nerves down. Thank you in advance. 

[SteveInBostonI130 3,319]

As long as you submit all documents and complete the DS-260, NVC will process it normally.

 

The arrest/conviction come up during the interview at the embassy.

[MrsRaj 1]

4 minutes ago, SteveInBostonI130 said:

As long as you submit all documents and complete the DS-260, NVC will process it normally.

 

The arrest/conviction come up during the interview at the embassy.

Thank you so much Steve, however there is a question in DS-260 about conviction and also I am to upload police clearance. So will I still be DQ’d and not denied? 

[SteveInBostonI130 3,319]

25 minutes ago, MrsRaj said:

Thank you so much Steve, however there is a question in DS-260 about conviction and also I am to upload police clearance. So will I still be DQ’d and not denied? 

 

NVC does not make decisions.  They only check that your file is complete.

[MrsRaj 1]

11 minutes ago, SteveInBostonI130 said:

 

NVC does not make decisions.  They only check that your file is complete.

Thanks heaps! So the interview is all that will determine my approval? 

[SteveInBostonI130 3,319]

Yes

[MrsRaj 1]

Just now, SteveInBostonI130 said:

1 minute ago, SteveInBostonI130 said:

Yes

Do you think my criminal record is serious to be denied by the interviewer? Thank you for all your help. 

[Redro 4,594]

5 hours ago, MrsRaj said:

Hi! 
 

I am writing this with a lot of anxiety and stress as my husband and I we are in NVC stage and I as the beneficiary I have a criminal record of minor theft, this was 7 years ago. I was a first offender and had clean record. This is the only offense committed and I had done restitution during my court hearing & attended all my hearings until the verdict was announced.  I have not committed any other crime ever since then and have been clean. I was given a 5 years probation in 2017 and it has completed. 
 

I will be going to get my police clearance done soon, i am not sure if it’ll show on the clearance or not but I choose not to lie. What I would like to know is that if this will affect our NVC stage from being DQ’d or approved. Your advice and feedback will truly calm my nerves down. Thank you in advance. 

I know VJ members generally prefer links from the official source (USCIS) but you might find this informative.

https://visarefusal.com/inadmissibility/crimes-of-moral-turpitude/

 

if at interview they believe it was a crime of moral turpitude you might be found inadmissible and given the chance to file a waiver. 
 

you can read this form for a little more information on the process… 

 

https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[SteveInBostonI130 3,319]

9 hours ago, MrsRaj said:

 

No idea.  It all depends on the details of your case.  It doesn't help with you explaining it - we do not have the pass/fail criteria or experience.  The CO will review the records and make a determination.

[pushbrk 12,103]

15 hours ago, MrsRaj said:

Thanks heaps! So the interview is all that will determine my approval? 

More accurately, during the interview, the Consular Officer will determine whether you get a visa.  I doubt this issue will cause a denial.

[MrsRaj 1]

12 minutes ago, pushbrk said:

More accurately, during the interview, the Consular Officer will determine whether you get a visa.  I doubt this issue will cause a denial.

Thank you so much, I have been praying for an advice from you since I have read your responses on so many other contents and topics with accuracy. I can’t thank you enough and all these other people who has responded and helped. 
 

This truly calms me down and gives me hope that this criminal record will not cause denial. 
 

thank you

[Chancy 6,233]

*** Removed related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

16 minutes ago, MrsRaj said:

Hi all, 

 

I am in dire need for some help and advice with my  case, I am the beneficiary for my spouse visa (CR1) and I have 1 criminal record. In 2016, I pleaded guilty to one count of theft. I attended all my hearings and also provided restitution (jewelries were returned and paid $400usd) the total amount was approximately $1400usd total for theft. The verdict of the judge: 

 

1. You said that you are willing to pay back for what you have stolen. You promised not to re-offend. Subsequently you paid $ 400 dollars for
   restitution.
2. In this case I pick 18 months as the starting point. For the aggravating factors I enhance the sen ence by 3 months. For the mitigating factors I deduct 3 months Further I give you a 1/3 discount for the early plea.
3. Further I give you a 1/3 discount for the early plea.
4. Having considered your previous clean records and the fact that you did restitution, I decide to suspend your sentence.
5. Accordingly I impose 12 months imprisonment on you and suspend it for 5 years.

 

 I was 22 years old at that time, now I am 29. I had previous clean record and this is the only criminal record that I have under my name. I have been extremely anxious and depressed if this will cause a denial as we are at the NVC stage, I know at the interview I will be asked and I will tell honestly about the conviction however I am anxious if this case is going to cause the CO to deny my visa. 
 

Kindly requesting your help and advice, has anyone else been in a similar situation or position and can give me advice please. 
 

Your help will truly help me calm me down. 
 

thank you in advance 

 

[MrsRaj 1]

3 hours ago, Chancy said:

*** Removed related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

 

I am little confused could you please advise why was the post removed? I’m with learning VJ sorry

[Lil bear 3,831]

12 minutes ago, MrsRaj said:

I am little confused could you please advise why was the post removed? I’m with learning VJ sorry

Because you had posted the same or very similar questions in more than one thread. Terms of service for this site includes the agreement to not post a question in  multiple threads 

[MrsRaj 1]

56 minutes ago, Lil bear said:

Because you had posted the same or very similar questions in more than one thread. Terms of service for this site includes the agreement to not post a question in  multiple threads 

I am so sorry I didn’t know that. However, do you think would it be wiser to delete all the posts and threats and create a new post? I just need some advise and help on my initial post🙏🏼