what type of criminal conviction makes you not eligible for IR-1?

[dawning 212]

Hello all,

I'm happy to say that my husbands immigration journey has gone fairly smoothly. We will be removing conditions on his residency shortly. I am here however, to ask for information on behalf of a family member of mine also married to a foreigner:

He has been married to an Indonesian woman since February, and is currently in Indonesia with her and their child. He has been thinking about filing for a spousal visa for her, but has hesitated due to not being sure how her criminal background would impact her chances of getting a visa. I don't have all the details, but my understanding is that some time in the fairly recent past, she was accused by a family member of hers of being part of a plan to use the family member's credit cards without permission. I think she was charged with something like "receiving stolen property" as she was alleged to have spent money from the cards. She didn't have money for a legal defense, and spent some time in prison on those charges. While it may not be relevant, she says that the accusation were false, a product of a vendetta that family member had against her and others in the family.

I have been searching, but haven't been able to find anything that says whether those charges are considered a bar for immigration to the US. I know that some crimes are severely frowned upon, such as terrorism, drug dealing and human trafficking, and I know that there are a lot of concerns about sex offenses, but I haven't been able to find out whether this crime falls into such a category or no. Can anyone out there shed any light?

Also, there seems to be some indication that in Indonesia criminal records are sealed or wiped, or something after 7 years. Would that make immigration possible after that time, if it wasn't before?

Any information would be much appreciated. Thank you!

[Californiansunset 336]

Hello all,

I'm happy to say that my husbands immigration journey has gone fairly smoothly. We will be removing conditions on his residency shortly. I am here however, to ask for information on behalf of a family member of mine also married to a foreigner:

He has been married to an Indonesian woman since February, and is currently in Indonesia with her and their child. He has been thinking about filing for a spousal visa for her, but has hesitated due to not being sure how her criminal background would impact her chances of getting a visa. I don't have all the details, but my understanding is that some time in the fairly recent past, she was accused by a family member of hers of being part of a plan to use the family member's credit cards without permission. I think she was charged with something like "receiving stolen property" as she was alleged to have spent money from the cards. She didn't have money for a legal defense, and spent some time in prison on those charges. While it may not be relevant, she says that the accusation were false, a product of a vendetta that family member had against her and others in the family.

I have been searching, but haven't been able to find anything that says whether those charges are considered a bar for immigration to the US. I know that some crimes are severely frowned upon, such as terrorism, drug dealing and human trafficking, and I know that there are a lot of concerns about sex offenses, but I haven't been able to find out whether this crime falls into such a category or no. Can anyone out there shed any light?

Also, there seems to be some indication that in Indonesia criminal records are sealed or wiped, or something after 7 years. Would that make immigration possible after that time, if it wasn't before?

Any information would be much appreciated. Thank you!

No crimes are sealed or wiped or pardoned or whatever when it comes to US immigration...

I think the outcome of a visa approval will depend on whether this crimes she committed is considered a crime of moral turpitude. How long was she in prison? If it's a crime of moral turpitude it can still be considered a petty crime if:

the maximum penalty that she could have received for committing the offense is exactly one year or less, AND

She personally were sentenced to no more than six months imprisonment, regardless of the amount of time she actually served.

Edited October 31, 2016 by Californiansunset

[JFH 12,190]

It's going to be difficult.

Basically, crimes that are considered to be 'crimes involving moral turpitude' or CIMT usually result in the person being inadmissible and she may require a waiver to overcome this. It is best that your family member seek professional legal advice in this matter. It will be very difficult as a DIY project.

Broadly speaking, CIMT are crimes that involve fraud, larceny or injury (or intent to injure) to a person or some property. It sounds like she could be seen to have committed fraud or larceny.

The US does not consider crimes to be spent or wiped for the purposes of immigration. All crimes, no matter when committed, must be declared.

[dawning 212]

No crimes are sealed or wiped or pardoned or whatever when it comes to US immigration...

I think the outcome of a visa approval will depend on whether this crimes she committed is considered a crime of moral turpitude. How long was she in prison? If it's a crime of moral turpitude it can still be considered a petty crime if:

the maximum penalty that she could have received for committing the offense is exactly one year or less, AND

She personally were sentenced to no more than six months imprisonment, regardless of the amount of time she actually served.

Thank you for the information. I will send him a link to this thread, so he can start to research it, as I do not have all the details.

[dawning 212]

It's going to be difficult.

Basically, crimes that are considered to be 'crimes involving moral turpitude' or CIMT usually result in the person being inadmissible and she may require a waiver to overcome this. It is best that your family member seek professional legal advice in this matter. It will be very difficult as a DIY project.

Broadly speaking, CIMT are crimes that involve fraud, larceny or injury (or intent to injure) to a person or some property. It sounds like she could be seen to have committed fraud or larceny.

The US does not consider crimes to be spent or wiped for the purposes of immigration. All crimes, no matter when committed, must be declared.

Thank you for the information... that makes more sense why it's hard to find out exactly what the CIMT's are, as it could depend on circumstances and exactly what the person was convicted of. I will send him a link to this thread so that they can investigate more.

If anyone out there has more personal experience with a similar sort of situation, I would like to hear it.

[Californiansunset 336]

Thank you for the information. I will send him a link to this thread, so he can start to research it, as I do not have all the details.

Definitely let him join VJ so he can give more details. In order to determine whether her offense might lead to a visa denial it's important to look at the petty crime exception as that might apply. However even if the petty crime exception applies some COs still deny a visa. It helps if a lot of time has passed since the incident and if she is able to give a good explanation for what happened, show remorse and maybe show some sort of rehabilitation (did community service, goes to church or similar).

Maybe someone with more experience can chime in here too as I know nothing about how tough the Indonesian consulate is.

[dawning 212]

Definitely let him join VJ so he can give more details. In order to determine whether her offense might lead to a visa denial it's important to look at the petty crime exception as that might apply. However even if the petty crime exception applies some COs still deny a visa. It helps if a lot of time has passed since the incident and if she is able to give a good explanation for what happened, show remorse and maybe show some sort of rehabilitation (did community service, goes to church or similar).

Maybe someone with more experience can chime in here too as I know nothing about how tough the Indonesian consulate is.

Thanks for the answer... it's complicated I guess. I will send a link to this thread to my family member, hopefully it will help him figure out next steps. And he can always join himself. Thank you again, I appreciate your expertise.