Does One's Criminal History Affect One's Right To Petition For Us Immigration Benefits

This post examines the implications of a petitioner's criminal history in the context

of a US Immigration petition submitted on behalf of an alien spouse or fiance.

In the relatively recent past, a petitioner's criminal history had little, if any, affect upon their capacity to petition for US visa benefits. At the time of this posting, this is no longer the case as an individual's criminal history might have a substantial, and possibly detrimental, affect upon an individual's ability to file for immigration benefits on behalf of another person, particularly an alien fiance.

Under the provisions of relatively recently enacted legislation such as the International Marriage Broker Regulation Act (IMBRA) as well as the Adam Walsh Child Protection Act those with prior criminal convictions may not be able to file a petition for a United States visa on behalf of a loved one. That being said, those who are hindered by this may be permitted to receive a waiver of this restriction from the United States Citizenship and Immigration Service (USCIS). Relatively recently the American federal government appears to have taken an increasingly "hard line" against those individuals who are perceived to be unfit to act as a petitioners.

Those persons seeking a k1 visa for an alien fiance must answer specific questions about criminal history on the I-129f petition form. Failure to answer these questions truthfully could lead to serious penalties. Thus, those who wish to submit a petition for American Immigration privileges would be prudent to note that candor is required. That being said, individuals with a criminal record who are thinking about petitioning for US visa privileges may find assistance of counsel beneficial due to the fact that an experienced attorney in Immigration matters can provide insights that the prospective petitioner may be unaware of. The National Visa Center (NVC) as well as USCIS are required to conduct clearances in relation to visa petitions and applications. USCIS often conducts criminal background checks on visa petitioners while the NVC is generally tasked with conducting security clearances on potential immigrants. If a previous criminal conviction exists on the record of either the petitioner or beneficiary, then it is highly likely that either USCIS or NVC will discover it.

It is not a prudent strategy to lie to officials of the US government. With that in mind, some information about a person's criminal history might not be relevant for Immigration purposes while information that may not seem material at first glance may, in reality, require disclosure. As stated previously, assistance from a licensed lawyer from the USA may be an advantage for many who are worried about past infractions disrupting the processing of a pending visa petition.

by: Ben Hart

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