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Petitioner's Criminal History And The United States Visa Process

Author : Ben Hart


         


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 past, a petitioner's criminal history had little, if any, impact upon their ability to petition for US Immigration 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 said, those who are hindered in this manner may be able to obtain 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 seeking a fiance visa for a foreign loved one must answer specific questions regarding criminal history on the I-129f petition. Failure to answer these questions truthfully could lead to serious penalties. Therefore, those thinking about applying for US Immigration benefits would be wise to remember 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 never a wise course of action to lie to the United States government. That being said, some information about one's criminal history may not be relevant for Immigration purposes while information that may not seem material at first blush might actually 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.


Author's Resource Box

Ben Hart is a licensed American lawyer, the Managing Director of Integrity Legal (Thailand) Co. Ltd., and the International Director of White & Hart Ltd. To contact please call: 1-877-231-7533 (US Toll Free), +66 (0)2-266-3698 (Thailand), +44 203-002-3837 (UK), or info@integrity-legal.com. See more on the world wide web at:
K1 Visa Thailand
or
Warrant For Arrest
.

Article Source:
Articlebliss

Tags:   Warrant for my arrest, US Visa, K1 visa, K3 visa, Fiance Visa, Arrest Warrant, Criminal Conviction, Criminal Warrant

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Submitted : 2010-09-02    Word Count : 1    Popularity:   168    Times Viewed: 30   29 or more times read