Jump to content
FilAm.Love

MISDEMEANOR, CAN IT AFFECT THE VISA PROCESSING?

 Share

17 posts in this topic

Recommended Posts

My husband had some misdemeanor cases when he was young. He had a robbery case when he was 14, juvenile at age 16 and disorderly person from being drunk in public when he was 24 yrs old. Does this affect our spousal visa processing? Do we need to provide some legal papers from the court? or no need? A lot of the people suggest to better get a papers from the court that he's all cleared.

Pls enlighten me.

Thank you.

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

Is he a US citizen? Are you the foreign spouse?

Many people who are not US citizens can be from the USA.

Please answer these questions. Please understand that not everyone from the USA is a US citizen. Is your husband a US citizen? Are you the foreign spouse?

Link to comment
Share on other sites

Please answer these questions. Please understand that not everyone from the USA is a US citizen. Is your husband a US citizen? Are you the foreign spouse?

he's american citizen, born and raise in USA and im from philippines.

sorry if im having a hard time. its my first time to join this website.

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

His criminal record does not matter.

It will not affect the spousal visa.

He does not need to provide legal papers from the court.

The spousal visa is only affected by certain crimes committed by the petitioner. Usually crimes involving hurting children. A petitioner with a domestic violence past. A petitioner that may pose a danger to the intending immigrant.

Stop listening to "a lot of the people" since they don't know what they are talking about.

Edited by aaron2020
Link to comment
Share on other sites

Then no, it's cool. Well not cool, but they won't deny the petition because of it.

so we dont need to provide any legal papers from the court stating he's cleared? his latest record was domestic violence happen about 4 yrs ago but it was already sealed and he was proven not guilty and innocent. the evidence got was from the cctv that he didnt hurt not try to hurt his ex wife at the airport.. he got the documents for it that it was already sealed.. do we need any legal papers for it or i just need the docs he have with him?

Link to comment
Share on other sites

His criminal record does not matter.

It will not affect the spousal visa.

He does not need to provide legal papers from the court.

The spousal visa is only affected by certain crimes committed by the petitioner. Usually crimes involving hurting children. A petitioner with a domestic violence past. A petitioner that may pose a danger to the intending immigrant.

Stop listening to "a lot of the people" since they don't know what they are talking about.

his latest record was domestic violence happen about 4 yrs ago but it was already sealed and he was proven not guilty and innocent. the evidence got was from the cctv that he didnt hurt not try to hurt his ex wife at the airport.. he got the documents for it that it was already sealed.. do we need any legal papers for it or i just need the docs he have with him?

Link to comment
Share on other sites

If he is asked either by way of forms or in person it is highly recommended that he tells the truth. Have the papers available but don't volunteer anything concerning his case unless asked. If asked answer the question and be sure to have copies of the Court papers to show that his case was cleared. This should not be much of a problem for you guys.

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

his latest record was domestic violence happen about 4 yrs ago but it was already sealed and he was proven not guilty and innocent. the evidence got was from the cctv that he didnt hurt not try to hurt his ex wife at the airport.. he got the documents for it that it was already sealed.. do we need any legal papers for it or i just need the docs he have with him?

You didn't disclose the DV charge in your first post. You mention a robbery at 14, something at 16, and public drunkenness at 24.

The DV changes thing. Have the court papers with you at the interview. If asked, let the CO knows that you are aware of the DV case and the resolution. The main purpose is to make sure you are aware of the DV because the US does not want the petitioner to hide that he might be a danger to you.

You need to be careful here - was there a trial? After a trial, a person can be found "not guilty." There is no such thing as finding someone as "innocent" in the criminal system after a trial.

Does not matter that the case was sealed.

Link to comment
Share on other sites

You didn't disclose the DV charge in your first post. You mention a robbery at 14, something at 16, and public drunkenness at 24.

The DV changes thing. Have the court papers with you at the interview. If asked, let the CO knows that you are aware of the DV case and the resolution. The main purpose is to make sure you are aware of the DV because the US does not want the petitioner to hide that he might be a danger to you.

You need to be careful here - was there a trial? After a trial, a person can be found "not guilty." There is no such thing as finding someone as "innocent" in the criminal system after a trial.

Does not matter that the case was sealed.

The case never made it to trial or any kind of hearing. The charges were dismissed before he had a chance to testify. Video evidence showed he never laid a hand on her and it showed her violently hitting him.. he said he'll get a paper from the court about the dismissal to give to me when i have my interview and a photocopy about his case it was sealed.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...