Felony

[Ryanj 0]

Looking to understand what I have to do about a sexual assault felony that's over 10 years old. When filing for the k1 potion for my fiance.

[Going through 5,671]

A couple of questions first so you get some better advice...

 

Who committed the felony?  The foreign fiance, or the USC fiance?

If it  was committed by the foreign fiance, did the sexual assault involve a minor?

 

On a general note:  you will need the arrest/certified court documents pertaining to the charge and disposition of the case, as well as any proof of probation/fine/course/community service completed if that was part of the sentencing (translated into English if necessary).  Contact the court that has jurisdiction over the person at the time the arrest was made to get these documents.  Make sure whatever you (or the fiance gets) you order at least a few copies since you will have to submit them again and again at every stage of the immigration process.

 

Edited August 31, 2017 by Going through

[Ryanj 0]

7 hours ago, Ryanj said:

Looking to understand what I have to do about a sexual assault felony that's over 10 years old. When filing for the k1 potion for my fiance. The felony was mine in the United States. Also will I have a problem  bring her here from Vietnam.

 

[Going through 5,671]

You being arrested and charged with a felony will not affect her eligibility as your fiancee in any way (in other words, they cannot hold your criminal history against her when applying).

 

During her interview, however, they will bring it up to make sure that she is aware of your charges and what entailed.  This is for her protection, really, as they want to ensure she knows your past history before marrying (especially if she has children herself and, say, the sexual assault involved a minor).  If your finance is not aware of the circumstances revolving around your arrest/conviction, you had better make her aware of it before your application reaches the interview stage.

Edited August 31, 2017 by Going through

[Ryanj 0]

Will it matter if I am on the registry. Could this deny the potion.

Edited August 31, 2017 by Ryanj

[Going through 5,671]

Just now, Ryanj said:

Will it matter if I am on the registry 

If you are on the sex offender registry or not, it will make no difference.  USCIS looks at the actual charge and disposition of the case, no matter whether it was dropped through pre-trial diverson, or dismissed outright.  You will have to disclose it on the application regardless of the final outcome of your case.

[Going through 5,671]

USCIS conducts a background check for national security, criminal records, and other information on both the petitioner and beneficiary.

[WandY 430]

You are on the sex registry of your state because of a sex-crime conviction AND you were convicted after the sex registry law/statute was activated. Simply put, you are definitely on the background check radar for both the felony conviction and registry. That will be a red flag and there's no doubt you will be asked about it. The consulate officer in Saigon has every right to mention this during the interview - to you and your fiancee. Having worked and traveled extensively in Vietnam and Cambodia, I can tell you that U.S. and local officials often have unfavorable views of Americans with sexual misconduct backgrounds. There's good reason for that attitude. Southeast Asia is a haven for pedophiles, sex trafficking, and other criminal behavior brought in by foreigners. Sexual assault, in most states, is rape, and if it involved a minor - well, I think you'll be denied. (some states hold that rape is sex assault with threat of harm - both are sex without consent). You paid your debt to society and hopefully have lived a good life beyond the experience. That may be your best argument. Be transparent and confident. Tell your fiancee everything. Everything.

[Ryanj 0]

What I was charged with was a 2nd degree sexual assault  of a minor under age of 18 and when I was arrested there was no victim it was a sting operation. The thing that sucks about it when I was put on registry the court documents said ten years. Then law was changed and got life time registry.

[geowrian 22,337]

Since it involved a minor, was it an AWA offense?

[Ryanj 0]

Not sure what you mean

[geowrian 22,337]

Adam Walsh Act (AWA) crime:

https://www.ilrc.org/sites/default/files/resources/n.13-adam_walsh_act.pdf

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2006/adamwalshact072806.pdf

Edited August 31, 2017 by geowrian

[Ryanj 0]

I think mine might stand under line h of the awa crime.

[EandH0904 1,184]

26 minutes ago, Ryanj said:

What I was charged with was a 2nd degree sexual assault  of a minor under age of 18 and when I was arrested there was no victim it was a sting operation. The thing that sucks about it when I was put on registry the court documents said ten years. Then law was changed and got life time registry.

If there was no victim why was it not attempted sexual assault instead of sexual assault 

[Ryanj 0]

Sorry it was attempted sexual assault