Question about past record

[JustAGuy 0]

In february my fiance and I are going to be getting married and by june we are planning on starting the immigration process. The problem is that when my fiance was young she was with a group of friends over here in chicago and she got in trouble for shoplifting she was young and did something stupid and now is very embarrased about it. My question is how badly will this affect our ability to get through this process. That is the only bad thing on her record anywhere including her country and in britian where she lived for awhile. I am really hoping that one offence years ago will not impede us much in this endeavor. Does anybody know how badly this may affect things.

[*julez* 124]

Since you are getting married before starting the immigration proceedings this issue should not affect you. IMBRA does not apply to K3 filers, or IR1/CR1 files. And, even if you were filing for a K1, with a waiver request it would still most likely be approved. Good luck!

[payxibka 10,045]

Since you are getting married before starting the immigration proceedings this issue should not affect you. IMBRA does not apply to K3 filers, or IR1/CR1 files. And, even if you were filing for a K1, with a waiver request it would still most likely be approved. Good luck!

Whooooooaaaaa, The only IMBRA clause that does not affect K-3's is the multiple filings... all other provisions do..... However, I would not expect too big a deal .....

Edited January 10, 2007 by fwaguy

[brnidokiegurl 0]

how young, it may not even be on file still anywhere and if juvinal those records usually arent open records

[MissStacey 1]

If she was underage at the time- and depending what the laws are where she was- it may in a sealed record. I would contact the USCIS and ask them. If worst comes to worst you may need to fill out extra paperwork, or apply for a Pardon. It would have to be a pretty serious offence to her to be denied- drug related, assault,etc.

[misa 2]

No, he said in another thread she was 20 years old.

[kitkat1 5]

The USCIS mis-information line won't have a clue. This is an issue that will be dealt with at the embassy level.

While it seems unlikely that you will have an issues, you need to read the law and have a consultation with an attorney well qualified in waivers so you are well informed and know if you need to be prepared with a waiver and hardship letter.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas.

2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

B. Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

Edited January 10, 2007 by kitkat1

[JustAGuy 0]

She is possibly going to try coming here and having it expunged from her record if possible. It embarasses her greatly and sh would rather come here and remove it than have to explain it. But all she recieved for it was a 150 dollar fine and it was the only offense she every commited anywhere.

Edited January 10, 2007 by JustAGuy

[JustAGuy 0]

ok I have more information she was taken into a mall room with the police not fingerprinted not even taken to a police station. She had to wait about half an hour for a few of her friends to come and pay 150 at the mall itself. She can't remember if she had to sign anything but she never had to talk to a magistrate or a judge. From what she says the whole process took about 30 minutes and after they were done the said not to come by the mall again for awhile. Is there anyway we can do a thorough enough background check ourselves to find out if it is there.

Edited January 11, 2007 by JustAGuy

[broma25 2]

Justaguy

It would be useful if we knew which country she was from, also you say she was here in Chicago...how long was she here and on what type of visa.

[Alex+R 0]

Profile says she's from Georgia.

[CrunchTeal 0]

Is there anyway we can do a thorough enough background check ourselves to find out if it is there.

I see where you are going with that question and that way lies danger.

If you do not disclose you could be considered guilty of attempting fraud and that could really screw things up.

In your position I would start thinking more of ways to mitigate it that to hide it.

As you can see here even far more serious charges are not necessarily a bar.

Edited January 13, 2007 by CrunchTeal