USC Background checks...

[*julez* 124]

I have read about the guides about waivers and searched the threads....there is tons of info about what the foreign fiance can expect if he/she has a criminal background. However, my question is regarding the USC petitioner's background and under what circumstances the petition may be denied based on the results of that background check.

A few years ago my ex-husband was convicted of child abuse against our 3 children. He left our 9 year old son home alone, unbeknownst to me. Our son told his teacher, who reported it to Child Protective Services. We both had to appear in family court. At that time, I was informed that I was charged with neglect since I should have known that my ex could have left the kids alone. I was also offered an ACD (all charges dismissed) if I cooperated fully and had no furhter incidents with the ex & the children over a 12 month period. This was successfully completed and my record is sealed. I was never arrested, nor do I have a police record.

So, my question is this, when we submit our application for the K1, I know I must disclose this incident and provide supporting documentation of its resolution, but can this be grounds for denial? Or would we require a waiver of some sort. Its all pretty clear what needs to be done in the case of the foreign person, but not for the USC. Any thoughts? Has anyone had any experience with this type of situation?

I'd appreciate any help you guys can offer me! Thanks in advance.

[CarolineM 0]

I don't think the USC's background matters....but I am sure if I'm wrong someone will correct me.

[diadromous mermaid 36]

Well, under the IMBRA, a US citizen petitioner for a K1 or K3 must be able to meet the standards for a waiver, if he has been convicted of crimes of violence.

[meauxna 15]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

[diadromous mermaid 36]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

That would be one foolish US citizen petitioner....

[*julez* 124]

Well, under the IMBRA, a US citizen petitioner for a K1 or K3 must be able to meet the standards for a waiver, if he has been convicted of crimes of violence.

I was never actually convicted of anything, violent or otherwise. I was charged with child neglect (unfairly). Family court gave me conditions to comply with, which I did readily and then the charges were dropped without any conviction. As I noted above, I received an ACD - All Charges Dismissed. The kids throughout all of this remained in my sole custody. The application says I must disclose this, even if the record is sealed, which it is.

Based on these details, do you think I would qualify for a waiver? I feel so sick that my ex not only made life hard for me and my kids in the past, but now could also ruin a happy future for us.

[diadromous mermaid 36]

Well, under the IMBRA, a US citizen petitioner for a K1 or K3 must be able to meet the standards for a waiver, if he has been convicted of crimes of violence.

I was never actually convicted of anything, violent or otherwise. I was charged with child neglect (unfairly). Family court gave me conditions to comply with, which I did readily and then the charges were dropped without any conviction. As I noted above, I received an ACD - All Charges Dismissed. The kids throughout all of this remained in my sole custody. The application says I must disclose this, even if the record is sealed, which it is.

Based on these details, do you think I would qualify for a waiver? I feel so sick that my ex not only made life hard for me and my kids in the past, but now could also ruin a happy future for us.

With something as critical as successful petitioning, if you have any concerns about how to answer questions on a petition, it's advisable to confer with a competent immigration attorney, familiar with the new IMBRA requirements.

That being said, you can also familiarise yourself with the statutory requirements and adjudication standards noted in Michael Aytes' July 2006 IMBRA Implementation Guidance memo.

IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”:

• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.1

• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

• Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

If the petitioner indicates that he or she has been convicted by a court or by a military tribunal for one of the specified crimes by checking one or more of the boxes in Part C., question 2 of Form I-129F, or USCIS ascertains through relevant background checks that the petitioner has been convicted, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared. Such information shall become part of the petitioner’s Form I-129F.

1 The terms ‘domestic violence’, ‘sexual assault’, ‘child abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’ have the meaning given such terms in section 3 of VAWA 2005 (see attachment).

[meauxna 15]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

That would be one foolish US citizen petitioner....

<snicker>

Like it's never happened...

hey OP,

I've not completed an I-129f before. I know that one specific way the question is asked on the visa application is 'have you ever been arrested, charged etc etc'. People with dropped charges would still answer 'yes' in that case, so read your questions carefully.

And be glad you don't have to naturalize. It's even more arcane then.

"Have you ever committed a crime for which you have not been arrested?"

eek!

[diadromous mermaid 36]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

That would be one foolish US citizen petitioner....

<snicker>

Like it's never happened...

hey OP,

I've not completed an I-129f before. I know that one specific way the question is asked on the visa application is 'have you ever been arrested, charged etc etc'. People with dropped charges would still answer 'yes' in that case, so read your questions carefully.

And be glad you don't have to naturalize. It's even more arcane then.

"Have you ever committed a crime for which you have not been arrested?"

eek!

Aye! Like traffic violations.

[*julez* 124]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

That would be one foolish US citizen petitioner....

<snicker>

Like it's never happened...

hey OP,

I've not completed an I-129f before. I know that one specific way the question is asked on the visa application is 'have you ever been arrested, charged etc etc'. People with dropped charges would still answer 'yes' in that case, so read your questions carefully.

And be glad you don't have to naturalize. It's even more arcane then.

"Have you ever committed a crime for which you have not been arrested?"

eek!

Thanks Meauxna! I know I must answer yes to that question. UGH. I just hope they will view it as forgiveable and give me the waiver to continue with the petition! It definitely sounds like I'll need a waiver, but before I would get an NOA2. Does that sound right to you guys?

Thanks again.

[aussiewench 9]

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

That would be one foolish US citizen petitioner....

<snicker>

Like it's never happened...

hey OP,

I've not completed an I-129f before. I know that one specific way the question is asked on the visa application is 'have you ever been arrested, charged etc etc'. People with dropped charges would still answer 'yes' in that case, so read your questions carefully.

And be glad you don't have to naturalize. It's even more arcane then.

"Have you ever committed a crime for which you have not been arrested?"

eek!

Thanks Meauxna! I know I must answer yes to that question. UGH. I just hope they will view it as forgiveable and give me the waiver to continue with the petition! It definitely sounds like I'll need a waiver, but before I would get an NOA2. Does that sound right to you guys?

Thanks again.

Yes you need to submit a request for a waiver as in accordance with the I-129F instructions. You also need to submit any police or court records even if you were cleared of the charges. You need to submit the request for the waiver and documentation with the initial petition if you havent already filed. Which is well before you will get NOA2.

From the I-129F instructions...

If you have ever been convicted of any of the followingcrimes, submit certified copies of all court and policerecords showing the charges and dispositions for every such conviction. This is required even if your recordswere sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

All the best to you.