Confused about effects of a criminal record?

[TnJ 131]

my bf finished a 7 year prison sentence late last year for possesion of a weapon prior to that when he was younger he had a few minor charges for drugs (not selling or distribution just a small amount on himself 'for personal use').

Possession of a weapon alone doesn't fall under IMBRA IF there was no violence involved. What do you mean by "few minor charges"? Were these charges occurring from a single act/occasion, or did the petitioner get arrested on these charges on 3 or more occasions? If it was only one occasion involving controlled substances/alcohol, then IMBRA wouldn't apply either. If that is the case, and you are sure that nothing listed in the I-129F form and instructions(IMBRA) refers to any of the charges/arrests, then, you can answer 'NO' to the Part C, Question 2. You would not need to do anything further either such as providing the court records. However, the charges still exist. Although you would not be required to disclose them under IMBRA, you(the beneficiary) would need to know the details of the charges and possibly the results. You will more than likely be asked about any knowledge of the criminal background of the petitioner at the interview. Be advised I am not telling you what you should do. I am only sharing with you what I have learned through my own concerns relating to this.

Edited May 25, 2012 by ToddnJessa

[Sandra G. 5,048]

First of all "illegal possession of a weapon" is a felony, a few States consider misdemeanor, but 7 years just for possession of a weapon???? typically the sentence is between 8 months to 1 year in county jail,and two or three year probation,just a few States have harsh sentence like Michigan that imposes two-year minimum prison sentence if it is first offense.If he had at least three convictions for crimes relating to a controlled substance, not arising from a single act, then he will need to file an IMBRA Section 832 waiver to overcome the convictions.

Edited May 26, 2012 by sandranj

[Boiler 45,538]

I suggest you ask him to post his full rap sheet.

[jaycali 415]

.

Edited May 26, 2012 by jaejayC

[Shaunna&Tony 1]

he will need to file an IMBRA Section 832 waiver to overcome the convictions.

where can you find these forms? I'm still getting used to the site but couldnt seem to find it

[TnJ 131]

I suggest you ask him to post his full rap sheet.

:thumbs:

[JimVaPhuong 4,863]

First of all "illegal possession of a weapon" is a felony, a few States consider misdemeanor, but 7 years just for possession of a weapon???? typically the sentence is between 8 months to 1 year in county jail,and two or three year probation,just a few States have harsh sentence like Michigan that imposes two-year minimum prison sentence if it is first offense.If he had at least three convictions for crimes relating to a controlled substance, not arising from a single act, then he will need to file an IMBRA Section 832 waiver to overcome the convictions.

I think you're getting confused about the purpose of the section 832 waiver. It's not meant to overcome criminal convictions since a criminal conviction doesn't automatically disqualify a US citizen from submitting a petition. The section 832 waiver is to overcome the multiple filing limitations imposed by the IMBRA. If the petitioner has had a previous I-129F petition approved within two years of filing the current petition, or if the petitioner has previously submitted two or more I-129F petitions, then they must request this waiver. That's the only time that their criminal history might cause their petition to be denied. The request for a waiver of the multiple filing limitations is supposed to be denied if the petitioner has a record of violent crimes against a person or persons.

If this is the petitioner's first I-129F petition then they don't need to request the waiver, even if they were a convicted serial murderer.

The IMBRA also requires full disclosure to the beneficiary of any IMBRA related crimes. Regardless of whether or not a waiver of the multiple filing limitations is being requested, the petitioner must submit the court records of any convictions which are covered by the IMBRA. They won't deny the petition or the visa because of these convictions. They'll simply provide copies of those records to the beneficiary. They'll also give the beneficiary a pamphlet about domestic violence and their rights in the US. This is about disclosure - the beneficiary has a right to know who they're marrying. This isn't about the petitioner's eligibility to submit a petition.

[Shaunna&Tony 1]

I think you're getting confused about the purpose of the section 832 waiver. It's not meant to overcome criminal convictions since a criminal conviction doesn't automatically disqualify a US citizen from submitting a petition. The section 832 waiver is to overcome the multiple filing limitations imposed by the IMBRA. If the petitioner has had a previous I-129F petition approved within two years of filing the current petition, or if the petitioner has previously submitted two or more I-129F petitions, then they must request this waiver. That's the only time that their criminal history might cause their petition to be denied. The request for a waiver of the multiple filing limitations is supposed to be denied if the petitioner has a record of violent crimes against a person or persons.

If this is the petitioner's first I-129F petition then they don't need to request the waiver, even if they were a convicted serial murderer.

The IMBRA also requires full disclosure to the beneficiary of any IMBRA related crimes. Regardless of whether or not a waiver of the multiple filing limitations is being requested, the petitioner must submit the court records of any convictions which are covered by the IMBRA. They won't deny the petition or the visa because of these convictions. They'll simply provide copies of those records to the beneficiary. They'll also give the beneficiary a pamphlet about domestic violence and their rights in the US. This is about disclosure - the beneficiary has a right to know who they're marrying. This isn't about the petitioner's eligibility to submit a petition.

Thank you for your post, it was very informative

[C-ma'am 684]

Thank you for your post, it was very informative

Yes! Very educational! Thank you!

[kcir-is-love 4]

You're not alone. I myself have been dealing with this BS. It makes a difference if the petitioner has a past conviction... We're made to wait for 90 more days. dafuq.