I-129f was denied due to past criminal convictions (falling under IMBRA), is I-130 an option?

[Astoria08 0]

originally posted this under IR1/CR1 because that's the path we're planning to take now, but realized it should have been posted under K1 IMBRA special topics.

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that the petitioner is now clean and poses no threat to the beneficiary. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer? or can we do this without one?

would really like to get concrete answers, please. we're at our wits' end, and really desperate to be physically together permanently and live as husband and wife. thanks.

[payxibka 10,047]

originally posted this under IR1/CR1 because that's the path we're planning to take now, but realized it should have been posted under K1 IMBRA special topics.

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that the petitioner is now clean and poses no threat to the beneficiary. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer? or can we do this without one?

would really like to get concrete answers, please. we're at our wits' end, and really desperate to be physically together permanently and live as husband and wife. thanks.

IMBRA has no effect on the I-130

[marklovetina 52]

originally posted this under IR1/CR1 because that's the path we're planning to take now, but realized it should have been posted under K1 IMBRA special topics.

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that the petitioner is now clean and poses no threat to the beneficiary. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer? or can we do this without one?

would really like to get concrete answers, please. we're at our wits' end, and really desperate to be physically together permanently and live as husband and wife. thanks.

oh sorry to hear that...

hope someone can give u a good advice on what to do with ur case..

[Astoria08 0]

IMBRA has no effect on the I-130

and that means the drug conviction and DUI's will not have any effect on the I-130, right? which means we can go ahead and file the I-130 petition, and they won't deny it, at least not based on those convictions? we want to cover any issues that may arise, so that this time, there will NOT be a denial. thanks!

[Astoria08 0]

oh sorry to hear that...

hope someone can give u a good advice on what to do with ur case..

thanks for the kind words. it was quite a disappointment, and the past couple of weeks have been hard, with us having to come to terms with the denial. but we're not backing down. we NEED to be together.

[payxibka 10,047]

and that means the drug conviction and DUI's will not have any effect on the I-130, right? which means we can go ahead and file the I-130 petition, and they won't deny it, at least not based on those convictions? we want to cover any issues that may arise, so that this time, there will NOT be a denial. thanks!

IMBRA has no effect on the I-130 and does not make a petitioner ineligible like AW does....

[evli1966 88]

IMBRA has no effect on the I-130 and does not make a petitioner ineligible like AW does....

Changes in the wording of how the AWA affects petitioners does not make them ineligible.

They must prove they are not a threat to the applicant if they fall under the AWA.

Also if a petitioner is denied the best recourse is Court where more and more cases are being heard and the court is siding with the petitioner and applicant.

The AWA is a farce that is failing horribly in the community, legal system, political system and yes the court system.

Community - Many US citizens including children under age 16 are being thrown into the sex offender classifcations due to ignorance of politicians/media personalities and hatred of victims towards their victimizers.

Legal System - AWA is cutting the floor from under prosecutors and judges alike for the same reasons as above

Political System - ignorant politicians greedy for votes do not give a ####### about your child or their saftey or else they would educate themselves on the truth anf prevent BS laws like this and others which is bankrupting our states and country while hurting the futures of our children.

Court System - Courts are being flooded by cases against the unjust laws being past hindering appropriate prosecution of offenders and other criminals alike

Everyone needs to read and educate themselves on these abusive laws that are creating a 2nd class citizens of not only the offenders but their families or future families.

http://www.reformsexoffenderlaws.org/index.php Reform Sex Offender Laws

http://sosen.org/ Sex Offender Solutions and Education Network

[Astoria08 0]

Also if a petitioner is denied the best recourse is Court where more and more cases are being heard and the court is siding with the petitioner and applicant.

is this true for us? we are not affected by AWA, but by the specified crimes listed under IMBRA. so do you think that if we file an appeal instead of filing a new petition, we'll have a good chance of winning the appeal? the concern we have about taking that route is the indefinite amount of time we may have to wait to get a decision. even if the outcome is an approval of the appeal, it may take years. that's why we think the I-130 route is the best to take. what do you think? thanks for replying.

IMBRA has no effect on the I-130 and does not make a petitioner ineligible like AW does....

thanks, it's good to know that IMBRA will not have an effect should we decide to file an I-130.

[evli1966 88]

is this true for us? we are not affected by AWA, but by the specified crimes listed under IMBRA. so do you think that if we file an appeal instead of filing a new petition, we'll have a good chance of winning the appeal? the concern we have about taking that route is the indefinite amount of time we may have to wait to get a decision. even if the outcome is an approval of the appeal, it may take years. that's why we think the I-130 route is the best to take. what do you think? thanks for replying.

thanks, it's good to know that IMBRA will not have an effect should we decide to file an I-130.

1 thing that is for sure if you have been denied for a criminal back ground I would consult an Immigration Attorney before moving forward. Most people here have great intentions in their advice but that can not replace what an experienced attorney will tell you.

I am not sure which is best for you; I do wish you the best of luck.

In my case my attorney states we will move forward with a k-3 visa if the K-1 is denied and use the court appeals for if that fails.

If the K-1 fails I will be moving to the Phillipines where we own a house in Cebu and she owns the property.