How do I get a K-1 visa waiver for a felon?
To request a waiver a written request must be submitted with the new petition accompanied by documentation of the claim to the waiver. Under the Adam Walsh Child Protection and Safety Act, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K-1 visa.
Can a convicted sex offender apply for a K-1 visa?
Under the Adam Walsh Child Protection and Safety Act, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K-1 visa. The Secretary of the Department of Homeland Security can issue a waiver of this Act at his sole discretion.
Can I get a K-1 fiance with a criminal background?
. US citizens with certain criminal records need to comply with some requirements in order to file the I-129F for their K-1 Fiance. Having a criminal background is not an automatic denial but you must be diligent to submit the proper evidence. . .
How does criminal history affect K-1 visa application?
. Under the International Marriage Broker Regulation Act (IMBRA), petitioners with certain convictions (criminal history) are deemed risky partners to immigrant K-1 fiances.
Can you get a K-1 visa with a criminal record?
If you want to bring a fiancé(e) into the U.S. on a K-1 visa to get married and possibly apply for a green card, and your fiancé has a criminal record, that fact is likely to trigger inadmissibility (see 8 U.S.C. § 1182). In other words, your fiancé would be ineligible for the visa or to enter the United States at all.
Can a convicted felon marry an immigrant?
(For more about the impact of a criminal record on the spouse seeking a green card, click here.) Under U.S. immigration law, only convictions for certain “offenses against a minor” will automatically disqualify a U.S. citizen from sponsoring a spouse for a green card.
Can I marry a U.S. citizen with a criminal record?
Generally, a petitioner's criminal record or his being in jail won't prevent him from petitioning for a spouse. The only exception would be if the crime involved certain offenses against a child, such as violence or sexual exploitation.
Can you get a U.S. visa with a felony?
Both U.S. and foreign criminal convictions can result in a criminal ground of inadmissibility. You will be required to provide your fingerprints as part of the visa application process. These will be checked against thousands of law enforcement databases, including all U.S. law enforcement databases.
Does U.S. Embassy do background check for K-1 visa?
DOS notifies the U.S. citizen petitioner when it is time for the foreign fiancé or fiancée to apply for the K-1 visa. DOS conducts background checks, including fingerprint checks, on the K-1 visa applicant (the foreign fiancé or fiancée).
Can someone with a felon sponsor an immigrant?
There's one major exception, however. Under the Adam-Walsh Child Protection and Safety Act of 2006 (the "Adam Walsh Act") U.S. citizens and lawful permanent residents (LPRs) who have certain criminal convictions cannot petition for family members to receive U.S. residence (green cards).
Can you sponsor a spouse with a criminal record?
If you have a conviction that might prevent you from being a sponsor, you need to get legal advice. You also cannot be a sponsor if: you're in jail, or. you're charged with a serious crime .
Does k1 visa need police clearance?
After USCIS approves the Form I-129F petition and before a consular interview can be scheduled, the K-1 applicant must submit a police certificate. This applies to all K-1 applicants, even if you've never been arrested. You must show that you're not inadmissible due to past criminal activity.
What does USCIS look for in background check?
Your name will be checked against various databases of known criminals or suspects, including the FBI's Universal Index, to check whether there is a match. This includes administrative, applicant, criminal, personnel, and other files compiled by law enforcement.
What disqualifies you from getting a US visa?
An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa. If denied a visa, in most cases the applicant is notified of the section of law which applies.
What criminal record stops you going to America?
Crimes against the person such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping. Crimes against property such as arson, burglary, theft, robbery, fraud, receiving stolen property. Crimes against government authority such as benefit fraud, tax evasion, bribery, perjury.
Can a person with a felony and deported come back to the USA?
If you were convicted of an aggravated felony or have received more than one order of removal, you are barred from returning to the U.S. for 20 years.
Can a felon renew a green card?
If you are a U.S. lawful permanent resident who has been convicted of a felony—or indeed any crime—then applying to renew your green card carries risk. You could end up being removed from the U.S. (deported). That doesn't mean you shouldn't try to renew the card.
How does Uscis check criminal records?
At the screening, an officer will collect your biometric information like your photograph, fingerprints, and signature. USCIS uses this biometric information to run a criminal background check on you in the FBI's database.
Can a felon get a passport?
Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.
What disqualifies you from getting a green card?
Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.
How Might the Sentencing Exception Help Someone With a Criminal Record Get a K-1 Visa?
This exception does not take into account the actual sentence length given to the person, but rather the maximum penalty that could have been given. The sentencing exception does not apply to drug crimes.
What Are the Grounds for Granting a Waiver of Criminal Inadmissibility?
Each application is decided based on the particular circumstances of the situation. Applicants must meet strict criteria, and decisions are made on a case-by-case basis.
How Do I Know Whether a Crime Triggers Inadmissibility?
Because of the strict immigration laws in the U.S., even some misdemeanors can trigger inadmissibility. This includes most crimes involving theft, drugs, and crimes against other people (such as assault) or against the government (such as tax fraud.)
What Is a Waiver of Inadmissibility?
A waiver of inadmissibility essentially asks the U.S. government to overlook someone's criminal record so that they can receive a visa to enter the United States (or receive some other immigration benefit).
What Are the Chances an I-601 Waiver Will Be Granted?
It is not possible to predict the outcome of a case without an in-depth analysis of the facts surrounding the situation. The chances of a denial are high, so consult with an experienced immigration attorney to discuss your situation before filing an application for a K-1 fiancé visa.
What happens if my fiancé is denied a visa?
General hardships, such as financial issues and family separation , are to be expected if someone's fiancé is denied a U.S. visa. Therefore, such hardships alone are not usually sufficient to meet the extreme standard. Hardship to the U.S. citizen is taken into account, and is one of the primary factors in determining whether a waiver will be approved, but hardships to your foreign-born fiancé and other family members may also be considered.
Can a fiancé be sentenced for only one crime?
A fiancé who was convicted of only one crime and meets certain other criteria might qualify for the "sentencing exception," which is discussed later in this article.
What is a Fiancée Visa?
There are a number of categories considered for a green card that are required for a foreign-born person looking to remain in the United States. One of these is for those who are planning to marry a U.S. citizen and then reside in America.
An Opportunity for Felons?
If a felon’s criminal record includes anything related to past immigration fraud, the petition could be denied because the USCIS suspects the current relationship is also fraudulent. Multiple felony convictions won’t lead to denial unless the convictions come under the Adam Walsh Act.
Recommended Action
It’s a big challenge, but it might be worth it for a felon wanting to get a fiancée visa. Documenting any training programs or additional education could make the essential difference in demonstrating good moral character.
How we help
This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony.
Where can I get my I-129F?
This is indicated in the I-129f instructions. You can obtain all your required certified legal documents (criminal records) from your local court house. Usually they carry the State/local criminal paperwork. However, they may not always have Federal records.
Who checks I-129F?
The information you provide on your I-129F will be checked by the USCIS with several databases. Regardless if you give the history yourself or not, they will still conduct further background checks (to “discover” evidence) with several different agencies (including FBI).
What happens if a court finds you guilty of a crime?
If a court found you guilty of a crime (or sentenced you), then it’s on your record and you must report it on your I-129F petition as well.
Can a consular officer talk to a fiance about criminal history?
My advice is to share your history with your fiance. The consular will talk about your criminal history with your fiance during the interview. Your fiance should be aware of your past even before the interview, otherwise it is a sign of a non- bona fide relationship.
Can I file an I-129F with a felon?
Some US petitioners have successfully applied for visas even with federal felonies. Other crimes that lead you to be ineligibile to file an I-129F Petition are immigration violations (or fraud).
Can I get an interview for a 129F?
You may be called in for an interview (or further background check) as the I-129F instructions clearly illustrate. Biometric interviews are possible for US petitioners – especially with criminal history.
Can a criminal record be denied on an I-129F?
Having a criminal record cannot be a sole reason for denial of a I-129F petition. The circumstances that exist around your convictions — may be. (see common red flags that trigger suspicion)
What Countries Can a Convicted Felon Travel to?
You can travel to the following countries if you are a convicted felon:
Can I Enter the US With a Criminal Record?
You can’t enter the US with a criminal record. But, sometimes there are exceptions; for example, if you were convicted of only one crime with a sentence of a maximum one year, this is considered a “sentencing exception.” In other cases, you may be eligible for special entry permission.
