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My american fiance have a criminal record (about 10 years ago but this case was closed and not longer there),?

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

no longer there as in???? if they were guilty they dont go away, if it were a deferred sentence and qualified for a expungement it was never a guilt anway, so would need more information. A guilt of certain crimes does make a difference.

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

Filed: Other Country: Japan
Timeline
Posted
My american fiance have a criminal record (about 10 years ago but this case was closed and not longer there),?

...this can affect my fiance visa process?

First of all, PLEASE update your timeline.

It helps everyone.

As for criminal record, if it was a domestic crime, a violent crime, a sex crime, or a crime involving a gun, it could be a problem.

You say it's 10 years ago, and people change a lot in 10 years. So even if it was one of those crimes, it doesn't make him a bad person now.

The government is just trying to protect innocent women from immigrating into a dangerous situation.

If he does have a criminal record that could effect the petition, you should contact and immigration lawyer ASAP.

AND update your timeline.

LingChe NVC Guide

Using this guide may allow you to fly through NVC in as little as 11 days.

visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

--------------------

Our Visa Journey

2006-11-01: Met online through common interest in music - NOT Dating Service

2007-01-28: Met in person in Paris

2007-10-02: Married in Tokyo

2008-07-05: I-130 Sent

2008-08-13: NOA2 I-130

2008-10-02: Case Complete at NVC

2008-11-04: Interview - CR-1 Visa APPROVED

2008-12-11: POE - Chicago

2009-01-12: GC and Welcome Letter

2010-09-01: Preparing I-751 Removal of Conditions

2011-03-22: Card Production Ordered

2011-03-30 10 Year Card Received DONE FOR 10 YEARS

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and is based on personal experience or personal knowledge. Sometimes there might not be any information at all in my posts. Sometimes it might just

be humor or chit-chat, or nonsense. Deal with it. If you can read this...you're too close. Step away from the LingLing

YES WE DID!

And it appears to have made very little difference.

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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Any country (anywhere in the world) has the right to refuse entry to anyone with a criminal conviction on their record.

Any country has the right to refuse visas (of any type or duration) to those same individuals.

For most criminal activity, there is no "statute of limitations"; a conviction (regardless of how far in the past) for a felony remains right at the top of the list, even if a pardon has been granted. This is because the pardon only affects local considerations ... it does NOT remove the record in its entirety. For some countries, a felony charge (regardless of whether there is an actual conviction) is enough to trigger the "refuse entry" clause.

In general, misdemeanors are treated more lightly; most will excuse occurrences in the distant (10+ years) past, as long as there are NO further charges or convictions (of any sort) on the individual's record.

From the way you worded the question, I think you have a misconception. The case may be closed (as in the police found a culprit, the culprit was prosecuted, and a punishment was enforced). This is different than having a statement indicating paticipation in such an incident appears on your fiance's criminal record; the record is never "closed".

In short - having a criminal record is a pretty sure way to limit your chances of receiving a visa of any type, for any country. It doesn't mean it won't be granted ... it just means the chances of receiving one are much lower than without the record.

If the petitioner (not the applicant) is the one with the record, how much it affects the process is entirely dependent on the nature of the infraction. If the case invloved child or spouse abuse (or if the charge was murder - even if the conviction was for a lesser crime), then the citizen's background will have a detrimental effect on the application. Otherwise, not much issue ... at least from the government's side on whether to process your application. On the other hand ... if the petitioner has the record - do you really want to trust your future to such a person? For the first (however many) months or years, your entire livelihood will be dependent on their support and supposedly good graces. Is the risk worth the potential for disaster?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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