| The following article briefly discusses the ramifications | | | | dishonestly may lead to serious sanctions. Thus, those |
| of a petitioner's criminal background on a US | | | | who wish to submit a petition for American Immigration |
| Immigration petition submitted on behalf of a foreign | | | | privileges would be prudent to note that candor is |
| fiance, fiancee, or spouse. | | | | required. That said, those with a criminal record who |
| In the past, a petitioner's criminal history had little, if any, | | | | are thinking of filing for American visa benefits may |
| impact upon their ability to petition for US Immigration | | | | find assistance of counsel advantageous because an |
| benefits. At the time of this posting, this is no longer the | | | | attorney experienced in Immigration matters can |
| case as an individual's criminal history might have a | | | | provide insights that the prospective petitioner may not |
| substantial, and possibly detrimental, affect upon an | | | | be aware of. The National Visa Center (NVC) as well |
| individual's ability to file for immigration benefits on | | | | as USCIS are required to conduct clearances in |
| behalf of another person, particularly an alien fiance. | | | | relation to visa petitions and applications. USCIS often |
| Under the provisions of relatively recently enacted | | | | conducts criminal background checks on visa |
| legislation such as the International Marriage Broker | | | | petitioners while the NVC is generally tasked with |
| Regulation Act (IMBRA) as well as the Adam Walsh | | | | conducting security clearances on potential immigrants. |
| Child Protection Act those with prior criminal | | | | If a prior criminal conviction is on either the petitioner's |
| convictions may not be able to file a petition for a | | | | or beneficiary's record, then it is highly probable that |
| United States visa on behalf of a loved one. That | | | | either USCIS or NVC will find it. |
| being said, those who are hindered by this may be | | | | It is not a prudent strategy to lie to officials of the US |
| permitted to receive a waiver of this restriction from | | | | government. That being said, some information about |
| the United States Citizenship and Immigration Service | | | | one's criminal history may not be relevant for |
| (USCIS). In recent years the United States federal | | | | Immigration purposes while information that may not |
| government seems to have taken an increasingly | | | | seem material at first blush might actually require |
| "tough line" against those whom they perceive to be | | | | disclosure. As stated previously, assistance from a |
| unfit to act as a petitioners. | | | | licensed lawyer from the USA may be an advantage |
| Those persons seeking a k1 visa for an alien fiance | | | | for many who are worried about past infractions |
| must answer specific questions about criminal history | | | | disrupting the processing of a pending visa petition. |
| on the I-129f petition form. Answering these questions | | | | |