Is this a problem?

[canuck123 0]

Thank you for all yourhelpful information in my previous posts, it has removed much of the stress in this crazy process. My fiance is a USC. When he was younger he was in a fight with a friend, which escalated, and he was arrested for terroristic threatening.I know it sounds really bad, but it was over something extremely ridiculous, and he was never charged, but he was convicted. He has been told that it is removed from his record, but with the FBI name check he is nervous that it could resurface. Is this going to affect anything? Should he bring it up at the interview? Or does it matter since it has been removed from his record?

[Miranda&James 8]

Wait, in order to be convicted of something you have to be charged with it first. Do you mean he was charged but never convicted? Sorry, I honestly don't know how or if this will affect your processing.

[canuck123 0]

Wait, in order to be convicted of something you have to be charged with it first. Do you mean he was charged but never convicted? Sorry, I honestly don't know how or if this will affect your processing.

yes he was charged but not convicted.

[LibCampFireClub 635]

Wait, in order to be convicted of something you have to be charged with it first. Do you mean he was charged but never convicted? Sorry, I honestly don't know how or if this will affect your processing.

yes he was charged but not convicted.

If charged, this will show up on the background check regardless whether the charges were dropped or not. Even when records are expunged from state and local precincts, the FBI still retains records of all transgressions.

But, with that said, you've not much to worry about. This event will likely generate a "hit" during the background checking process, and though it may delay it, it will not be a reason for denial or disapproval.

[iceyspots 0]

Don't they do the background checks and things on the beneficiary and not the petitioner?

[LibCampFireClub 635]

Don't they do the background checks and things on the beneficiary and not the petitioner?

Both the beneficiary and petitioner undergo the background checking procedure by the FBI while a petition is with the USCIS. Later, after approval, the NVC forwards the petition to the correct Consulate where an additional "Name Check" is performed on the beneficiary.

[aussiewench 9]

Don't they do the background checks and things on the beneficiary and not the petitioner?

Security checks are done on both the beneficiary and the petitioner. They can also do them on an attorney if one is using one. Anyone connected with the petition.

Edited April 5, 2006 by aussiewench

[LibCampFireClub 635]

Don't they do the background checks and things on the beneficiary and not the petitioner?

Security checks are done on both the beneficiary and the petitioner. They can also do them on an attorney if one is using one. Anyone connected with the petition.

I wouldn't spend too much time worrying about the security checking procedure unless you've got an outstanding warrant, or the beneficiary has violated and exclusionary immigration provision, like a visa overstay, or felonious background. The background / security checking process is quite comprehensive, and secretive. If there is a hit on any person's background, it simply delays the process until the hit is resolved.

Edited April 5, 2006 by fitnlivly

[Kajikit 65]

Since your partner is the USC you don't need to worry too much about his record messing up the visa - they're mostly concerned about letting anyone with a criminal history INTO the country, not whether someone with a shady past wants to get married...