Criminal record

[Charming12 59]

Hello VJ members,

I have a question regarding criminal record.

My friend has a AOS interview in a few days. He has some problem with his background check. He was on a student visa in Norway and worked more than 20 hours in a week due to which his visa revoked and banned for 5 years to enter into schengen states.
He came to US on K1 visa from Norway and by the time he applied for k1 visa, his police record was fine and left norway voluntarily. so my question would that be problem for my friend to get a GC? He made an appeal in Norway against that decision and his appeal is in process in Norway. Would his action in norway impact GC process in US?

He has no other criminal record so what do you suggest?

[A'n'L 735]

He was granted the K1 visa, so any Norwegian police record is no longer an issue. It's not part of the AOS process.

[Ontarkie 14,223]

That depends if he was truthful when he submitted his forms for the K1. If he lied on the forms then yes he has an issue. Every step of the process asks about criminal records he needs to submit everything again and again. 

Edited March 24, 2017 by Ontarkie

[Charming12 59]

1 hour ago, Ontarkie said:

That depends if he was truthful when he submitted his forms for the K1. If he lied on the forms then yes he has an issue. Every step of the process asks about criminal records he needs to submit everything again and again. 

No when he had a k1 visa interview, this issue didnt happen, it only happend when he was already in US and submiited AOS. By the time, he left norway, he had no criminal charges, no arrest, infact He did inform Norwegian authorities that he is leaving Norway.

 

His visa revoked just because his current visa was expired and he was waiting for extension, but they didnt grant him coz he worked more than he was supposed to in accordance with Norwegian law.This decision was made when he was in US already.

 

He also didnt mention that when he was filling for AOS because he wasnt aware of that issue, he got information from norwegian authrorities after 2 months of submitting AOS. do you still think he has a problem? 

 

He has no other charges.

[Charming12 59]

1 hour ago, A'n'L said:

He was granted the K1 visa, so any Norwegian police record is no longer an issue. It's not part of the AOS process.

Yeah, I told him as well but still he was panicing and asked me to seek advice from VJ.

[A'n'L 735]

1 hour ago, Ontarkie said:

That depends if he was truthful when he submitted his forms for the K1. If he lied on the forms then yes he has an issue. Every step of the process asks about criminal records he needs to submit everything again and again. 

No foreign criminal record asked for during AOS after k1.

[Ontarkie 14,223]

2 minutes ago, A'n'L said:

No foreign criminal record asked for during AOS after k1.

Actually I've been through this and I had to submit everything at every stage. All the way to citizenship. They don't care if you sent in originals the first time at the K1 interview they want certified at every step.

Edited March 24, 2017 by Ontarkie

[Charming12 59]

3 minutes ago, Ontarkie said:

Actually I've been through this and I had to submit everything at every stage. All the way to citizenship. They don't care if you sent in originals the first time at the K1 interview they want certified at every step.

so based on your experience what do you advise him? do you think it would jeopardize his GC process all the way to Citizenship?

[Ontarkie 14,223]

4 minutes ago, Charming12 said:

so based on your experience what do you advise him? do you think it would jeopardize his GC process all the way to Citizenship?

Did he actually have a criminal record? I don't know how things work when ppl are out of status in that country but if he was arrested and charged with a crime. That should have been indicated on the K1 application. Did he submit his background check from that country? If he did then he just needs to show the same forms at each stage. It shouldn't be an issue if he gave this info at the K1 interview. 

 

If he didn't then he needs to consult with a lawyer. 

 

I got multiple certified copies for each step -AOS ,ROC, and N-400.  They wanted new ones with the courts seal and all. It did not matter if it was in my file. I think they do that to make sure nothing new pops up. 

Edited March 24, 2017 by Ontarkie

[Charming12 59]

1 minute ago, Ontarkie said:

Did he actually have a criminal record? I don't know how things work when ppl are out of status in that country but if he was arrested and charged with a crime. That should have been indicated on the K1 application. Did he submit his background check from that country? If he did then he just needs to show the same forms at each stage.

 

If he didn't then he needs to consult with a lawyer. 

Wht do you mean by criminal record? The only thing that he has it that  he worked more than he was supposed to be on student visa, this resulted him 5 years ban to Norway due to voilation of student visa.

They didnt arrest him or convicted him when he was in Norway. As I said in my earlier post, he left Norway voluntarily and infact he even informed Immigration authorties that he is leaving Norway and move to US. In response, they said, if he leave he wont be able to enter into Norway coz his current visa at that time was expired and his visa renewal application was in process. They told him either you have to wait for the visa to enter or leave so he decided to leave. At that time, he had no charges.

When he had a k1 visa, this issue didnt happen coz he had no criminal record at that time, Offcourse he took Police Report from Norway and submitted to Stockholm Embassy during interview. so there was no criminal record for him when he was there in Norway. This ban occured when he was already in US and submitted AOS.

 

[Charming12 59]

19 minutes ago, A'n'L said:

No foreign criminal record asked for during AOS after k1.

Hopefully, this would be true for him. He just got banned to enter into Norway. That is the only crime he has it

[Ontarkie 14,223]

5 minutes ago, Charming12 said:

Wht do you mean by criminal record? The only thing that he has it that  he worked more than he was supposed to be on student visa, this resulted him 5 years ban to Norway due to voilation of student visa.

They didnt arrest him or convicted him when he was in Norway. As I said in my earlier post, he left Norway voluntarily and infact he even informed Immigration authorties that he is leaving Norway and move to US. In response, they said, if he leave he wont be able to enter into Norway coz his current visa at that time was expired and his visa renewal application was in process. They told him either you have to wait for the visa to enter or leave so he decided to leave. At that time, he had no charges.

When he had a k1 visa, this issue didnt happen coz he had no criminal record at that time, Offcourse he took Police Report from Norway and submitted to Stockholm Embassy during interview. so there was no criminal record for him when he was there in Norway. This ban occured when he was already in US and submitted AOS.

 

You said criminal record in your first post. That is why I asked if he actually got charged with something. 

Then there is no issue for him. They don't care if he's banned from Norway for that reason. 

Edited March 24, 2017 by Ontarkie

[A'n'L 735]

57 minutes ago, Ontarkie said:

Actually I've been through this and I had to submit everything at every stage. All the way to citizenship. They don't care if you sent in originals the first time at the K1 interview they want certified at every step.

I had my AOS interview two months ago. It was NOT asked for.

[Charming12 59]

38 minutes ago, Ontarkie said:

You said criminal record in your first post. That is why I asked if he actually got charged with something. 

Then there is no issue for him. They don't care if he's banned from Norway for that reason. 

I thought banning could be consider as criminal activity coz of his student visa voilation. Sorry for missleading you.

Yeah , its big relief. I can happily say to this my friend about that.

 

Thank you again for your input. I would definitely ask him to join VJ community

[Charming12 59]

6 minutes ago, A'n'L said:

I had my AOS interview two months ago. It was NOT asked for.

Thank you again for your input. Hopefully, they wont ask him as well