Convictions & CIMT and likelihood of visa aproval.

[Andy & Sue 31]

I cannot seem to find postings whereby a person has applied for a K1 with numerous convictions and actually had approval of, or have applied for the waiver and subsequently gained approval.

My situation is this, I have various criminal convictions dating back almost 30yrs but from my research it would seem that one is only actually a CIMT. The crimes and dates of conviction are as follows:

1982 Burglary & theft ( juvenile )

1996 Assualt x 2

1996 fradualent use of a vehicle licence

2006 battery x 2

The first conviction would not be considered as I was too young. The second and forth would not be classed as a CIMT according to the dept. of homeland guidelines. The one I would have a problem with is the vehicle excise licence. The vehicle licence was mine I was using it in a diferent car which was also mine.... foolishly I know.

I recently applied for and was aproved for (2008) a B2 and this would seem the case. The official gave me waiver of ineligibility for this crime and duly issued my visa. Although be it for only three years.

I was wondering what the likelihood was that I would be approved for the K1 or I would have to apply for the waiver after denial. I was considering working on the I-601 while waiting for the process to progress.

If anyone has any experience of this I would appreciate it. many thanks

[Nich-Nick 3,354]

I cannot seem to find postings whereby a person has applied for a K1 with numerous convictions and actually had approval of, or have applied for the waiver and subsequently gained approval.

I remember advocator whose husband did the same CIMT with the tax disk switcheroo. Here's some Threads.

http://www.visajourney.com/forums/topic/314448-help-from-a-senator-with-a-cimt/

http://www.visajourney.com/forums/topic/318062-visa-approved/page__p__4765559__fromsearch__1#entry4765559

http://www.visajourney.com/forums/topic/308661-anyone-else-waiting-on-a-subject-access/page__p__4703656__fromsearch__1#entry4703656

http://www.visajourney.com/forums/topic/311223-has-anyone-not-needed-a-waiver-with-cimt/

You will need to order the subject access reports from ACPO, even for juvenile spent convictions.

[clarence954 20]

Under the Adam Walsh Child Protection and Safety Act of 2006 DHS is prohibited from approving any family-based petition, including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

The petition instructions ask whether the petitioner has ever been convicted of any crimes as specified on the form and, if so, directs the petitioner to provide certified conviction information. As part of the adjudication process, USCIS conducts security checks on all petitioners. If relevant criminal history—such as information on domestic violence, sexual assault, child abuse, or homicide that was not otherwise disclosed by the petitioner—is uncovered during the security check, USCIS requests the petitioner to submit certified criminal conviction information before continuing with the adjudication of the case. If the petitioner does not respond to the request to provide additional information, the case is to be denied for failure to respond.

http://www.usimmigra...-visa-imbra.htm

I was to lazy to look it up the above info so I copied info from daleflorida

including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

the uscis and dhs really don't care about your convictions unless there for specified offense because they don't want to have expose a beneficiary and his/her child to extreme violence.

if you weren't convicted of any of the crimes they state. you have to send in all your convictions with letters explaining them and they will tell your beneficiary about everything.

but we are not lawyers so to get a definitive answer you should go over with one.

[Andy & Sue 31]

Under the Adam Walsh Child Protection and Safety Act of 2006 DHS is prohibited from approving any family-based petition, including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

The petition instructions ask whether the petitioner has ever been convicted of any crimes as specified on the form and, if so, directs the petitioner to provide certified conviction information. As part of the adjudication process, USCIS conducts security checks on all petitioners. If relevant criminal history—such as information on domestic violence, sexual assault, child abuse, or homicide that was not otherwise disclosed by the petitioner—is uncovered during the security check, USCIS requests the petitioner to submit certified criminal conviction information before continuing with the adjudication of the case. If the petitioner does not respond to the request to provide additional information, the case is to be denied for failure to respond.

http://www.usimmigra...-visa-imbra.htm

I was to lazy to look it up the above info so I copied info from daleflorida

including a fiancé(e) petition, for any petitioner convicted of a specified offense against a minor unless the DHS Secretary, in his sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.

the uscis and dhs really don't care about your convictions unless there for specified offense because they don't want to have expose a beneficiary and his/her child to extreme violence.

if you weren't convicted of any of the crimes they state. you have to send in all your convictions with letters explaining them and they will tell your beneficiary about everything.

but we are not lawyers so to get a definitive answer you should go over with one.

Clarence, have you posted this on the wrong forum, as it has nothing to do with what I am asking?

[Andy & Sue 31]

I remember advocator whose husband did the same CIMT with the tax disk switcheroo. Here's some Threads.

http://www.visajourney.com/forums/topic/314448-help-from-a-senator-with-a-cimt/

http://www.visajourney.com/forums/topic/318062-visa-approved/page__p__4765559__fromsearch__1#entry4765559

http://www.visajourney.com/forums/topic/308661-anyone-else-waiting-on-a-subject-access/page__p__4703656__fromsearch__1#entry4703656

http://www.visajourney.com/forums/topic/311223-has-anyone-not-needed-a-waiver-with-cimt/

You will need to order the subject access reports from ACPO, even for juvenile spent convictions.

Thanks for your reply it sounds promising on the Vehicle excise issue, although I would imagine it is down to the CO discretion on the day.

I think the ACPO has now changed slightly but I do have that already. i also need to get the memorandum of convistions from the courts if I am not mistaken?

thanks

[clarence954 20]

Clarence, have you posted this on the wrong forum, as it has nothing to do with what I am asking?

you can't be serious, right? here's your original question: I cannot seem to find postings whereby a person has applied for a K1 with numerous convictions and actually had approval of, or have applied for the waiver and subsequently gained approval.

and my answer states that the uscis and dhs will only really worry about specific crimes/ convictions of extreme violence. which none of the crimes you listed are because your assaults and battery convictions were simple, so the uscis will want an explanation of them and then they will inform your beneficiary of them.

sorry I taught I answered your question quite clearly.

[Harpa Timsah 13,258]

sorry I taught I answered your question quite clearly.

The person asking is the beneficiary, not the petitioner. What you linked was for petitioners. The beneficiary is under much more scrutiny and many types of offenses can cause them to be denied.

Edited August 14, 2011 by Harpa Timsah

[clarence954 20]

The person asking is the beneficiary, not the petitioner. What you linked was for petitioners. The beneficiary is under much more scrutiny and many types of offenses can cause them to be denied.

thanks harpa timsah for clarifying that for me. if it's the beneficiary(there's a really big difference on arrest convictions) you really have a problem because the juvenile charge seems like a felony which they will hold against the beneficiary.

Edited August 14, 2011 by clarence954

[Andy & Sue 31]

thanks harpa timsah for clarifying that for me. if it's the beneficiary(there's a really big difference on arrest convictions) you really have a problem because the juvenile charge seems like a felony which they will hold against the beneficiary.

Thanks for your reply Clarence. Yes I am the Beneficiary. I was under the impression that Juvenile convictions (crimes under the age of 18 years) are not considered for visa applications as you are only a child.

Andy

[clarence954 20]

Thanks for your reply Clarence. Yes I am the Beneficiary. I was under the impression that Juvenile convictions (crimes under the age of 18 years) are not considered for visa applications as you are only a child.

Andy

if that was the only conviction you can argue that you were young and made a huge mistake but with the continued pattern of arrest conviction that's the problem. have your petitioner talk your circumstance over with an experience attorney and go from there.

[Andy & Sue 31]

if that was the only conviction you can argue that you were young and made a huge mistake but with the continued pattern of arrest conviction that's the problem. have your petitioner talk your circumstance over with an experience attorney and go from there.

I have already held a B2 visa and the consulate official advised me that they dont consider juvenile convictions during the application. So why would I need to argue my point. The CO simply drew a line through them and we moved on to the others. The only one that gave concern was the vehicle tax disc as it is fraudulent. I was issued a waiver for that on the day, but I understand a waiver for a K1 is a much longer process.

[sachinky 465]

Consult a lawyer. A beneficiary with a history of getting into trouble with the law is not going to be looked upon favorably by agents of the US government.

Good luck and keep us posted!

Edited August 14, 2011 by sachinky