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ColinAB

Crimes that disqualify the petitioner

By ColinAB in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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ColinAB Rookie

ColinAB   0

Posted
Filed: AOS (pnd) Country: Brazil
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So me and the wife had our interview today. Everything went great until we went into my history. I had a criminal conviction in the past. Nearly five years ago. The interviewer was very nice and said she didn't think that my particular crime disqualified me from being a petitioner but that she needed to check with the lawyer there. She say the ones that she's seen that do are all violent crimes and that mine isn't. She spoke with her supervisor and he said he thinks I'm good too. And that if everything is ok the green card is ours.

I don't buy that. I think I'm screwed. And it's a damn shame a mistake I made five years ago when I was 20 is still harming me today (and will continue to do so the rest of my life.) But that's another topic for another time.

So the point of this thread is to see if anyone has any info on what type of convictions would disqualify a person from being able to petition for their wives. I don't want to go into details on mine, unless I need to, so I would just like to see if anyone has a list or anything.

I really appreciate the help. I want to know what to expect so I can start looking at other options, if need be.

Again, thanks,

Colin

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NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Wow did the interviewer bring up your conviction? I have 2 major felonies ( Convictions ) from 89 and we were interviewed in 2007 and this was not even brought up. We will not even get into my arrest record ( not all were convictions ) I have like 22 pages. Pretty sure this should not be that big of a deal. I have no idea what types would keep you from passing the interview maybe someone else knows.

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Mononoke28 Grand Master

Mononoke28   134

Posted
Filed: Citizen (apr) Country: Colombia
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Posted

Murder? Drug trafficking? Kidnapping? Extortion? Those are the only major crimes I can think of. But what I don't understand is why you're legal history would have anything to do with your wife who's the beneficiary. You would think it was her legal history that would be examined thoroughly, not yours. :huh:

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Brian and Jenn Explorer

Brian and Jenn   0

Posted
Filed: AOS (pnd) Country: Canada
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Posted (edited)

Any assault will be grounds for denial.

When I was 16 I was charged with assault with a deadly weapon, assault causing bodily harm, and a few others.

The assault with a deadly weapon is an AUTOMATIC denial for immigration.

I was VERY Lucky in that Canada has a policy to DESTROY ALL FILES and records after 5 years under the young offender act.

It was a MAJOR pain finding all this out.

I wish you goodluck!

-Brian

*EDIT* - Just so you all dont think im crazy, the deadly weapon was the boots i was wearing at the time of my arrest.

Edited by Brian and Jenn

9137.gif

AOS Timeline

11/18/08 - I-130 Package sent

11/20/08 - Delivered to Chicago Lockbox

12/01/08 - Money Order Cashed

12/05/08 - Received all 3 NOA's dated November 28th

12/10/08 - Touched

12/11/08 - Received Biometrics appointment dated 12/05/08

12/19/08 - Biometrics Appointment (Completed!)

12/19/08 - Touched

12/22/08 - Touched

01/22/09 - EAD Card Production Ordered!

01/29/09 - 2nd Email for EAD Card prodcution

02/02/09 - EAD Arrives in the mail (Yay!)

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envy_me Experienced

envy_me   18

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
Murder? Drug trafficking? Kidnapping? Extortion? Those are the only major crimes I can think of. But what I don't understand is why you're legal history would have anything to do with your wife who's the beneficiary. You would think it was her legal history that would be examined thoroughly, not yours. :huh:

Diana

im thinking abt this too.. :unsure:

"i don't know much about love but i know that i love him.."

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daboyz Experienced

daboyz   36

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
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Posted
Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

I think the beneficiary is the foreign spouse applicant. The petitioner is the USC.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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envy_me Experienced

envy_me   18

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

i think..

guy = USC/petitoner = with conviction..

as per post..

So the point of this thread is to see if anyone has any info on what type of convictions would disqualify a person from being able to petition for their wives. I don't want to go into details on mine, unless I need to, so I would just like to see if anyone has a list or anything.

Colin

Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

I think the beneficiary is the foreign spouse applicant. The petitioner is the USC.

agreed..

.

Edited by envy_me

"i don't know much about love but i know that i love him.."

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ColinAB Rookie

ColinAB   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted
Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

Exacly..My husband, who's is american and the petitioner has the conviction...We are so worry about that. Thanks for asking...

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Brian and Jenn Explorer

Brian and Jenn   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

oh ok, I thought you meant the one who was immigrating had the criminal history...

9137.gif

AOS Timeline

11/18/08 - I-130 Package sent

11/20/08 - Delivered to Chicago Lockbox

12/01/08 - Money Order Cashed

12/05/08 - Received all 3 NOA's dated November 28th

12/10/08 - Touched

12/11/08 - Received Biometrics appointment dated 12/05/08

12/19/08 - Biometrics Appointment (Completed!)

12/19/08 - Touched

12/22/08 - Touched

01/22/09 - EAD Card Production Ordered!

01/29/09 - 2nd Email for EAD Card prodcution

02/02/09 - EAD Arrives in the mail (Yay!)

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ColinAB Rookie

ColinAB   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted
oh ok, I thought you meant the one who was immigrating had the criminal history...

No... I'm brazilian and my husband is American...He's not here right now, so i'm checking the answers for him...I have everything ok, no problems with anything...He is the conviction and not me...

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Brian and Jenn Explorer

Brian and Jenn   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Gotcha!

Goodluck!

9137.gif

AOS Timeline

11/18/08 - I-130 Package sent

11/20/08 - Delivered to Chicago Lockbox

12/01/08 - Money Order Cashed

12/05/08 - Received all 3 NOA's dated November 28th

12/10/08 - Touched

12/11/08 - Received Biometrics appointment dated 12/05/08

12/19/08 - Biometrics Appointment (Completed!)

12/19/08 - Touched

12/22/08 - Touched

01/22/09 - EAD Card Production Ordered!

01/29/09 - 2nd Email for EAD Card prodcution

02/02/09 - EAD Arrives in the mail (Yay!)

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Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
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Posted
Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

I think the beneficiary is the foreign spouse applicant. The petitioner is the USC.

Not to beat a dead horse, but just so we all use proper terminology (because it does matter) - filing for AOS (I-485) the petitioner is the foreign spouse/relative. The USC has done his/her part by filing a petition for fiancé/spouse (depending on the visa; K1/K3 etc). The I-485 is almost exclusively about the foreign spouse/relative and not about the USC.

It is unclear - because of lack of a timeline - what the OP has actually filed for and/or what visa she came to the US on.

If on a K1/K3 visa - the USC's background would have already been checked.

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envy_me Experienced

envy_me   18

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
Just for clarification - the petitioner would be the foreign spouse/relative. Is this who has the conviction?

I think the beneficiary is the foreign spouse applicant. The petitioner is the USC.

Not to beat a dead horse, but just so we all use proper terminology (because it does matter) - filing for AOS (I-485) the petitioner is the foreign spouse/relative. The USC has done his/her part by filing a petition for fiancé/spouse (depending on the visa; K1/K3 etc). The I-485 is almost exclusively about the foreign spouse/relative and not about the USC.

It is unclear - because of lack of a timeline - what the OP has actually filed for and/or what visa she came to the US on.

If on a K1/K3 visa - the USC's background would have already been checked.

this thread is kinda confusing.. :lol: sorry OP..

the OP mentioned "petitioner" and "petition for wife"..

that is why u would assume that petitioner = USC, beneficiary = foreign (petitioned wife)..

and also the first post of OP sounded like it's the husband..

but she's the wife = foreign.. ;)

.

Edited by envy_me

"i don't know much about love but i know that i love him.."

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