IMBRA and Discolsure Requirements

[hamka 0]

Hi I am new here and will be filing my K3 soon. I have been reading about IMBRA and have read the questions on the I129 for the K3. I am reading the IMBRA Implementation Guidance document and am very confused.

In the form it asks:

Have you ever been convicted by a court of law (civil or criminal( or court martialed by a military tribunal for any of the following crimes. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. (Check all that apply. Using a separate sheet(s) of paper, attach information relating to the conviction(s), such as crime involved, date of conviction and sentence.)

- Domestic Violence, sexual assault, child abuse and neglect, dating violence, elder abuse and stalking.

- 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.

- Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I have 1 conviction of a controlled substance from when I was 17, and 1 charge (later dropped) of a controlled substance from 1994...this is 2 not 3 or more convictions relating to a controlled substance...

By reading the guidance given to the USCIS, it reads:

II. Statutory Requirements and Adjudication Standards

A. Mandatory Submission of Information on Criminal Convictions for Specified Crimes

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. If the petition is approved, the petitioner’s Form I-129F (including all criminal background information submitted by the petitioner and any related criminal conviction information that USCIS discovers during the course of conducting its routine background check) must be provided to the Department of State. The Department of State will disclose this information to the beneficiary during the consular interview.

This completely confuses me. If I only read the I129 form, the way I read it is that only if I have "three or more" convictions for a controlled substance that I must disclose it.

But, if I read the guidance that the USCIS has been given, it says information must be disclosed for "any of the spcified criimes."

I also have a domestic violence charge from 1993 that I am not worried about, the actual act it was in self defense and I have supporting documentation for that...it is this controlled substance issue I am worried about, and whether I even need to disclose it.

I am not sure at all what to do here regarding the 2 controlled substance issues. My husband is aware of all of this, I just don't want us to be denied because of it. Has anyone else run into this filing for their K3? What did you do, and what was the outcome?

Any help and possible advice is greatly appreciated, thank you.

[payxibka 10,045]

Sounds like only 1 conviction to me

[hamka 0]

Sounds like only 1 conviction to me

Yes, it is only 1 conviction, but the wording: "This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, lawenforcement officer, or attorney, told you that you no longer have a record." tells me that it needs to be disclosed even if it was a charge that was cleared or dropped.

So there is 1 conviction and 1 charge.

[payxibka 10,045]

Sounds like only 1 conviction to me

Yes, it is only 1 conviction, but the wording: "This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, lawenforcement officer, or attorney, told you that you no longer have a record." tells me that it needs to be disclosed even if it was a charge that was cleared or dropped.

So there is 1 conviction and 1 charge.

I could be wrong but I think they are referring to things like juvenile convictions that are "sealed" still need to be disclosed.

[robhankins 0]

I am not sure at all what to do here regarding the 2 controlled substance issues. My husband is aware of all of this, I just don't want us to be denied because of it. Has anyone else run into this filing for their K3? What did you do, and what was the outcome?

Any help and possible advice is greatly appreciated, thank you.

You don't need to worry about the 2 controlled substance charges and don't need to report them on your i-129f.

Edited December 20, 2006 by robhankins