Jump to content
sammi608612

beneficiary has criminal record

By sammi608612 in Bringing Family Members of US Citizens to America

 Share

5 posts in this topic

Recommended Posts

sammi608612 Enthusiast

sammi608612   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi there,

 

I have a friend is applying for her parents right now. Visa category IR5. Her father has criminal record. When he was young, he had a fight with his neighbour and then he was in sentence for one year. 

 

Will that hurt the immigration application? How should her proceed with the case?

 

Thanks,

USCIS

2011/08/01:mailed i-130 to uscis ( petition for relative of permanent resident)

2011/08/05:receive hard copy noa1 (priority date 2011/08/02

2011/09/14:my husband became usc. and sent citizenship certificate to upgrade the petition

2011/11/03:receive hard copy of noa2 ( case category from f2a to cr1)

nvc

2011/11/28:receive case number started with guz

2011/11/28:called to nvc to assign my case to montreal, canada

2011/12/28:got new case number started with mtl

2011/12/29：completed ds 261 apply electronic processing

2012/01/03：optin acceptance email received

2012/01/04：IV bill invoiced and paid

2012/01/05:completed ds 260 sent i 864 documents to nvcelectronic

2012/01/11: sent joint sponsor financial documents and civil documents

2012/01/23：CASE COMPLETED @NVC.

2012/03/09:approved finally..

2012/03/12:received my visa.

timeline for IR5 APPLICATION.

2012/04/27: received NOA1 from uscis

2012/08/09;received NOA2 from uscis.

2012/09/07: received case number and ds 3032 from nvc..

2012／09／07： paid aos fee 2012／09／14： paid iv fee

2012/09/13:optin email sent

2012／09／21：optin received 。。 send aos and civil documents

2012／10／04：send current employment letters of sponsor to nvc

2012/10/18: received p4. interview date was assigned on 12/12/06.bless.....

Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

If it was "just" fighting, and it was many years ago with a clean record since, while he will be asked about it, it should be ok.  If there was more (drugs involved, pled down from what would be a major felony) then it will b a bigger problem.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
Lain Community Regular

Lain   64

Posted
Filed: FB-1 Visa Country: Lithuania
 Timeline
Posted
17 hours ago, sammi608612 said:

Hi there,

 

I have a friend is applying for her parents right now. Visa category IR5. Her father has criminal record. When he was young, he had a fight with his neighbour and then he was in sentence for one year. 

 

Will that hurt the immigration application? How should her proceed with the case?

 

Thanks,

If it's still on his PC record, he'll need a photocopy of court record with it's translation to English if it's necessary.

Link to comment
Share on other sites
  • 2 months later...
Jeannie.Lane Newbie

Jeannie.Lane   0

Posted
Filed: H-1B Visa Country: Australia
 Timeline
Posted

You friend's father should be fine and should get his visa. Per US State Dept guidelines, he can get his visa because

a) the crime was more than 5 years ago

b) the crime did not get him sentenced to 1 year or more in Jail

c) He did not stay in jail more than 6 months.

d) And, especially if the crime happened when he was under 18.

e) And, fighting is not on the list of disqualifying crimes.

 

Link to comment
Share on other sites
  • 3 months later...
sammi608612 Enthusiast

sammi608612   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
On 1/9/2018 at 6:33 PM, Jeannie.Lane said:

You friend's father should be fine and should get his visa. Per US State Dept guidelines, he can get his visa because

a) the crime was more than 5 years ago

b) the crime did not get him sentenced to 1 year or more in Jail

c) He did not stay in jail more than 6 months.

d) And, especially if the crime happened when he was under 18.

e) And, fighting is not on the list of disqualifying crimes.

 

Hi Jeannnie,

 

I just got his PC, he was sentence for one year and probation for one year back to 2008 due to intentional injury because of "fighting" I guess. He has no criminal record since then. 

 

will that still be an issue?

USCIS

2011/08/01:mailed i-130 to uscis ( petition for relative of permanent resident)

2011/08/05:receive hard copy noa1 (priority date 2011/08/02

2011/09/14:my husband became usc. and sent citizenship certificate to upgrade the petition

2011/11/03:receive hard copy of noa2 ( case category from f2a to cr1)

nvc

2011/11/28:receive case number started with guz

2011/11/28:called to nvc to assign my case to montreal, canada

2011/12/28:got new case number started with mtl

2011/12/29：completed ds 261 apply electronic processing

2012/01/03：optin acceptance email received

2012/01/04：IV bill invoiced and paid

2012/01/05:completed ds 260 sent i 864 documents to nvcelectronic

2012/01/11: sent joint sponsor financial documents and civil documents

2012/01/23：CASE COMPLETED @NVC.

2012/03/09:approved finally..

2012/03/12:received my visa.

timeline for IR5 APPLICATION.

2012/04/27: received NOA1 from uscis

2012/08/09;received NOA2 from uscis.

2012/09/07: received case number and ds 3032 from nvc..

2012／09／07： paid aos fee 2012／09／14： paid iv fee

2012/09/13:optin email sent

2012／09／21：optin received 。。 send aos and civil documents

2012／10／04：send current employment letters of sponsor to nvc

2012/10/18: received p4. interview date was assigned on 12/12/06.bless.....

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
 Share
Go to topic listing
- 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...