Crimes that disqualify the petitioner

[ColinAB 0]

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.. 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..

.

My visa is B1/B2... no background was made...

Thanks,

"The wife"

[ColinAB 0]

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.. 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..

.

My visa is B1/B2...No background have been checked before...Thanks,

"The wife"

[SonoranSongbird 3]

I think a serious violent felony or any kind of conviction for domestic abuse might be grounds for denial. A bigamy conviction might raise some concerns as well. Other than that, I don't think they are all that concerned with the USC's history.

Edited December 4, 2008 by SonoranSongbird

[Old Dominion 26]

Assuming there are no other issues with the AOS, the conviction does not seem to be a problem or they would have said something at the interview. The decision to grant the AOS is made the same day, usually, but in this case it may have required review by a higher-up.

[Mononoke28 137]

Assuming there are no other issues with the AOS, the conviction does not seem to be a problem or they would have said something at the interview. The decision to grant the AOS is made the same day, usually, but in this case it may have required review by a higher-up.

Well, let's just assume what Immigration is saying is correct. I think in that case, they would've denied your petition before the interview if it was a major offense. No need to even think about it.

Diana

[Aryadne e Kevin 0]

So, in this case, what you are saying is, if the petitioner doesn´t qualify, it would be deny right at the first moment at NVC - I864. correct...

[Ling Ling 22]

Just for clarification, the criminal history of both the petitioner and beneficiary are important to the Gov.

They don't want to immigrate potential dangerous criminals or potential victims.

From the limited information given, it doesn't appear that there will be an issue with this case.

For instance, shoplifting can result in a criminal record, but isn't considered as a danger per se

to the petitioner or beneficiary. Armed robbery, murder, domestic violence, drug dealing...you can see

where those might be grounds for denial.

[reeses16 8]

Your husband's conviction will not matter, if it is minor as you explained. Try not to worry, nothing you can do now but wait for the decision.

[Jasman0717 9]

never mind....misread post

Edited December 5, 2008 by jasman0717

[pacman 0]

Your husband's conviction will not matter, if it is minor as you explained. Try not to worry, nothing you can do now but wait for the decision.

I hate to tell you but you are wrong since 9/11, the criminal record of the USC does matter. I have a friend of mine who is going thru something very similar. If the conviction is for a sexual offense your petition maybe denied. I believe it is called the Adam Walsh Act enacted in July 2006.

Good luck,

Pacman

[archie07 0]

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

Your petition was already approved and your wife is here so stop worrying, your good to go. Your conviction doesn't fall under the Adam Walsh Law.

[reeses16 8]

No, I agree with you. A sexual offense it NOT a minor offense.

Your husband's conviction will not matter, if it is minor as you explained. Try not to worry, nothing you can do now but wait for the decision.

I hate to tell you but you are wrong since 9/11, the criminal record of the USC does matter. I have a friend of mine who is going thru something very similar. If the conviction is for a sexual offense your petition maybe denied. I believe it is called the Adam Walsh Act enacted in July 2006.

Good luck,

Pacman

Edited December 5, 2008 by reeses16

[JeroenAndMichelle 28]

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.)

I know exactly what you mean.. I did something minor but stupid about 11 years ago and I still get haunted by it.

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.

The list shown here: http://en.wikipedia.org/wiki/Moral_turpitude might help you a bit. It basically depends if you did a crime of moral turpitude or not, those with moral turpitude are more likely to give you a denial.

In my own case, I was involved in a crime which also involved a bunch of other people. I have been arrested as for doing something involving moral turpitude and I also went to trial as for that same thing. In reality, however, my real crime did not involve moral turpitude and I was also able to explain the judge this at the time and fortunately for me he believed me (again, this was like 10 years ago). Instead of giving me a sentence at that time (like all the others got in this case), he gave me a suspended punishment instead (which basically meant that if I did something, I would go to prison for a while or had to pay a fine, and if I stayed good, nothing would happen (nothing happened as I stayed good)).

Anyways, this thing also came up at the consulate in my country (I am the foreign spouse) and they didn't want to give me the visa right away, they needed a written explanation of my case (the official translation of the court records contained an error which made it look like I actually did time, which was not true and the court records only show the crime that the trial was about instead of showing the things that they ruled over (Dutch court efficiency as it involved multiple people)) and after a few days after I sent them this explanation in writing, I got my visa. I had no problems at the border either and now I am in the US for some time already.

As for my AOS; I wrote an explanation like I had to do for the consulate and added this to my AOS so I really hope I will be ok. And, I think, that if I already got through the initial visa process in my own country (with all this confusing about my trial being for moral turpitude but the thing that I did (and the judge ruled about), didn't involve moral turpitude) that they will most likely have no problem here either to approve me (that's at least what I hope) and if they didn't had any problem with me at the time I got my visa, and your case was also minor, then I doubt you should worry too.

[pushbrk 13,217]

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

For the US Citizen, the only thing I can think of that would cause a denial of a "visa petition" is convictions that fall under the Adam Walsh act, so basically sexual crimes against children. Crimes by the immigrant is a whole other story so disregard the scary post by the Canadian beneficiary.