IMBRA again

[thecat 0]

I know no one can say for sure because it is only since 6th of march but i need some opinions. Do you think the new law (IMBRA) would affect the aproval of K1 petition if the US petitioner has DUI convictions in the past. All I know is that now the petitioner must include with the I-129F also a criminal record. But as far as I know IMBRA is mostly for domestic, sexual abuse or similar. Do you think the petition could be denied because of DUI or disorderly conduct convictions in the past or the law is just to make sure that the foreign fiancee is informed about the criminal record of her US fiance and if she is completely familiar with everything in his past, is it possible that the petition or the visa could be still denied? Thank you all.

[BlueSurf 0]

I understood that the new law was ruled unconstitutional by a court in Atlanta and was not being enforced at this time?? So far the USCIS has no instructions to implement this law that I know of... Anyone know different?

Best bet, see a lawyer. Good luck!

[DavidN 1]

...All I know is that now the petitioner must include with the I-129F also a criminal record....

I dont know if this part is true. Although I've read that now the beneficiary will have literature and such at the interview phase of the visa process. That's the extent of my knowledge about the IMBRA law. Correct me if I'm wrong though.

[jordanianprincess 0]

What this law basically means is that when the petitioner files they will have to include their crimanal history with the application. This does NOT affect the decision but it is presented by the consular to the benifiary at the time of interview to make sure they are aware of it.

It also limits the amount of visa petitions a person can actually file. The law was made more so for Marriage brokers, but the way they wrote it, it covers anyone with an international marriage.

They are not looking for DUI's or small things, they are looking for histories of domestic violence, abuse, and other violent crimes.

From what I read of the law, people that have an NOA1 on or after March 6 are those that will be affected. If you already have your interview date, it may be cancelled. If you are still in process and waiting for NOA2, they may send you and RFE for additonal informaion, like a police record.

Here is where I got my information: http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

[thecat 0]

From what I read of the law, people that have an NOA1 on or after March 6 are those that will be affected. If you already have your interview date, it may be cancelled. If you are still in process and waiting for NOA2, they may send you and RFE for additonal informaion, like a police record.

Here is where I got my information: http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

We are still waiting for NOA2, we have an attorney, they told us he should submit his criminal record as well along with the petition, we did so.

So, from what i read in the posts here, his criminal record should not affect the decision, it is just to let me know, right?

THANK YOU

[Sinergy 3]

What this law basically means is that when the petitioner files they will have to include their crimanal history with the application. This does NOT affect the decision but it is presented by the consular to the benifiary at the time of interview to make sure they are aware of it.

It also limits the amount of visa petitions a person can actually file. The law was made more so for Marriage brokers, but the way they wrote it, it covers anyone with an international marriage.

They are not looking for DUI's or small things, they are looking for histories of domestic violence, abuse, and other violent crimes.

From what I read of the law, people that have an NOA1 on or after March 6 are those that will be affected. If you already have your interview date, it may be cancelled. If you are still in process and waiting for NOA2, they may send you and RFE for additonal informaion, like a police record.

Here is where I got my information: http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

So as far as having an NOA1 date of November 14, and a NOA2 date of May 3, im ok and everyone else who is with me in my timeline???

[iceyspots 0]

are these laws particularly pointing fingers at male USC's with beneficiary females?

[Sinergy 3]

I just remembered something....

back in January there was a thread on this, i cant remember the topic name, nor can i find it, BUT i remember everyone stating that anyone with an NOA1 (ONE) first notice BEFORE MARCH 2006, was not going to be affected at all by this.

Because i remember being relieved.

so we were all aware of this months ago, those of us who were on here in january and read the thread

[*Robert* 2]

are these laws particularly pointing fingers at male USC's with beneficiary females?

YES!!!! so much for sexual discrimination! Guess no woman has EVER beaten or killed a man before?!!

[aussiewench 9]

see post 93 of this thread regarding gender

http://www.visajourney.com/forums/index.php?showtopic=13316&st=80

[GaryC 7]

I just read the whole law, god I have a headache!, and although I am not a lawyer this is what I think I have found. The law has a few things that affect most of us.

1. If the USC has filed more than one petition prior to the one being adjudicated then his/her info is put into a database.

2. There is a 2 year waiting period for a 3rd petition after the filing of a second one.

3. If you met in any way OTHER than an international marriage broker then a special backround check isn't done. If you did meet via a broker then the USC must submit his backround before personal info of the alien party may be given to the USC. The broker must also do a check of the Sex offenders registry and provide that info to the alien.

This is from the law:

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

Note the last sentence. No special checks are done by the DHS.

I could not find anything that says the petitioner must submit his/her own police check with the petition.

If you were introduced through a International marriage Broker then a whole bunch of stuff applies there.

Your fiance will also be asked how you met. If he/she says anything about a marriage broker then they must provide evidence that they were informed of the USC's criminal history regarding sex offences, violent crimes and more than 3 drug/alcohol convictions.

This is also what I found in regard to International Marriage Brokers:

REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND

INFORMATION.—

(A) IN GENERAL.—

(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—

Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.—

Each international marriage broker shall also collect

the background information listed in subparagraph ( B )

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

Now, all this applies if you went through a marriage broker. I don't see where it applies if you met any other way. In the definition of International marriage Broker I don't see how it applies to Yahoo personals or any of the other online dating services unless it is specifically geared to international dating.

Here is the law on that:

INTERNATIONAL MARRIAGE BROKER.—

(A) IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual,

or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating

communication between individuals.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

Notice the last paragraph. It lets the web dating services off the hook.

This is just my own interpretation of the law. I AM NOT A LAWYER!! But I think I managed to get my brain wrapped around it. Anyone that would like to modify or differ with my summery please feel free.

Edited May 12, 2006 by GaryC

[BlueSurf 0]

My NOA1 is after March 6th, so we will see if I receive any RFE's. But, my understanding is that the courts quickly ruled that this new law was unenforceable.