Criminal convictions and the IMBRA

[rini 0]

Hi,

I am new to this forum and indeed I am new to forums in general so please be patient with me as I learn how to use it- thanks! My partner is from the US and I am from Scotland. We plan to get engaged and marry and settle inthe US. I am aware that he has several serious criminal convictions and is currently on parole. Looking over the I-129F form, my partner will have to disclose these crimes to USCIS. What I am confused about is that we did not meet through a marriage broker and yet this is an act the IMBRA which asks for disclosure through a broker- I don't undersand why it applies to everyone then. I basically want to know what, based on people's own experiences may be the possible outcomes of his filing for the petition- I can't see that he would be able to ask for any kind of waiver as he has donen the crimes and has certanly paid the price over the years. Any tips and advice on what we should do when filing the petition or indeed if we should file the petition at all- I would appreciae it

hugs

Rini

[JenT 0]

Until IMBRA, there was no requirement on the part of a petitioner to disclose a criminal record to the beneficiary. IMBRA has resulted in this disclosure being required... to protect the beneficiary. Your fiance is required to disclose his past and if/when you receive an appointment for an interview, you will be questioned about your fiance's past to be sure that your 'eyes are wide open' as far as his criminal history is concerned. As long as he has been completely and totally honest with you, I wouldn't worry now.

[payxibka 10,047]

Hi,

I am new to this forum and indeed I am new to forums in general so please be patient with me as I learn how to use it- thanks! My partner is from the US and I am from Scotland. We plan to get engaged and marry and settle inthe US. I am aware that he has several serious criminal convictions and is currently on parole. Looking over the I-129F form, my partner will have to disclose these crimes to USCIS. What I am confused about is that we did not meet through a marriage broker and yet this is an act the IMBRA which asks for disclosure through a broker- I don't undersand why it applies to everyone then. I basically want to know what, based on people's own experiences may be the possible outcomes of his filing for the petition- I can't see that he would be able to ask for any kind of waiver as he has donen the crimes and has certanly paid the price over the years. Any tips and advice on what we should do when filing the petition or indeed if we should file the petition at all- I would appreciae it

hugs

Rini

Obviously we do not know the nature of the "serious" convictions. The new "Adam Walsh Child Protection Act" will cause a USC to become ineligble to file any family based petitioner if he/she has been convicted of certain crimes against minors.

Since we do not have the story it is prudent to point out other things...

I think that a visit to a competent immigration lawyer should be somewhere in your USC's future.

[likes2ride 0]

Hi,

I am new to this forum and indeed I am new to forums in general so please be patient with me as I learn how to use it- thanks! My partner is from the US and I am from Scotland. We plan to get engaged and marry and settle inthe US. I am aware that he has several serious criminal convictions and is currently on parole. Looking over the I-129F form, my partner will have to disclose these crimes to USCIS. What I am confused about is that we did not meet through a marriage broker and yet this is an act the IMBRA which asks for disclosure through a broker- I don't undersand why it applies to everyone then. I basically want to know what, based on people's own experiences may be the possible outcomes of his filing for the petition- I can't see that he would be able to ask for any kind of waiver as he has donen the crimes and has certanly paid the price over the years. Any tips and advice on what we should do when filing the petition or indeed if we should file the petition at all- I would appreciae it

hugs

Rini

Hello Everyone,

I am in the same boat. I have an extensive criminal record. The offenses are over 20 years old and range from petty to pretty darn serious. None of the offenses are listed in the IMBRA Disclosure guidelines. I am returning to Russia in a few weeks and when I return home will be filing a K-1. I want to know how to defuse any potential problems with our petition. Any suggestions? My fiancee knows all.

Thanks for any help. I look forward to gaining useful knowledge from the member of this site.

[chrisepic 0]

So the criminal history isn't for the Embassy to pass judgements on our marriage, its only to make sure our future spouse is aware of our history? Thats a relief. I've told her everything, some of the stuff is a little embarrasing, but disclosing it to the Embassy shouldn't bar her from marrying me in the states, or stop the process in its tracks ,should it?

[Carlawarla 1]

Well, that's not totally true. Depending on what type of crimes you have committed, and how long ago they were (were you a minor when these offences were committed?), then while your finance will be consulated as to what she knows of your record, your criminal offences may still require a waiver be completed for review.

This waiver, which some give at the interview, require further checks and adjudication before granting a visa. There is a waiver forum here on VJ that you will want to check out. I believe it details which criminal offences require a waiver. You'll meet other people in that forum who are also waiting on a waiver approval.

So the IMBRA in regards to criminal offences, is to alert the beneficiary, or confirm if you will, that he/she knows about your background. But again, depending on what type of offences are on your record, there are still other processes you'll still have to go through.

Carla

[*julez* 124]

Please be advised that some beneficiaries have been denied for having previous drug related convictions. No waivers were granted. I know of at least one case from this board where the USC ultimately moved to the UK because of this very scenario. Making your intended of prior criminal troubles is no guarantee that a Visa will be issued. For those of you with serious offenses, I would do as fwaguy advises and see a competent and very experienced immigration attorney.

[aussiewench 9]

cartoboy123 & julezabelle

I think you are both a little confused. This thread is discussing criminal convictions of the USC petitioner, not the beneficiary. The waivers you speak of at the interview stage is not applicable to a USC. The waiver in regards to this thread and the OP's question is submitted along with the filing of the petition.

[Carlawarla 1]

You're right aussiewench, I read this posting wrong. My apologies to all!

Carla

[*julez* 124]

mea culpa aussiewench!

Though I do still wonder what the implications are when the USC has serious criminal convictions? We have seen petitions approved with waiver request for multiple filings, and one (that I know of) for multiple DUI convictions. Noting more serious than that. In the case of the DUIs, the beneficiary was talked to about the situation at the time of interview.

It would be great if people who have filed with a waiver IMBRA convictions would post there stories one way or the other!