Skip to main content

Petitioner with a criminal record

Hello everyone, I am new to this reddit, but I have been trying to find some answers for a few months now, and figured I would see if I could possibly get some advice. I will give you fair warning, you may want to get comfy, grab a snack and a drink, because this post isn’t going to be short..

So here it goes... I am a Canadian citizen currently living in Canada, and attending university. My fiancé is a US citizen. We have been dating for almost 2 years, and I have travelled back and forth from Canada to the US to visit throughout the duration of our relationship (he can not enter Canada due to having a criminal record, we will get into more detail regarding that soon) after researching for the last few months, I can not seem to find a definite answer, so I will try to explain and hope someone may have been in a similar situation and can offer some help.

After researching the internet regarding immigration, I stumbled across a few websites that mentioned that the petitioners background is checked when they file an I-130 petition. The only information that I have been able to find on the USCIS website pertaining to offenses that prevent a petitioner form sponsoring a spouse are those that fall under the Adam Walsh protection act, which are offenses against a minor. HOWEVER, After doing more research, I have found a lot of websites and blogs mentioning that if a petitioner has a history of violence ( for example assault and battery, domestic violence etc) this too could prevent them from petitioning for their spouse. For the record, I have been been in trouble with law enforcement in my entire life, so my criminal record is squeaky clean!

My fiancé was very up front with me from the beginning of our relationship, and explained that he had an extensive criminal record, due to a past drug/ alcohol addiction that lead him down a not so great road for about 10 or so years of his life. So, After learning about the potential of being denied due to his past criminal history, we decided to pay for a criminal record check.. and let’s just say he wasn’t lying when he said it was extensive. This is when panic set in ( thinking about the possibility of being denied) as I am scrolling through page after page of his record:

He has multiple ( 9 to be exact) assault and battery misdemeanors, 1 breaking and entering misdemeanor, 1 possession of class A substance misdemeanor, 1 malicious destruction of property misdemeanor, 1 violation of abuse prevention act misdemeanor, 2 misdemeanor charges for driving with a suspended license, 1 shoplifting misdemeanor, 1 disorderly conduct misdemeanor, 1 possession of alcoholic beverage as a minor misdemeanor, and 1 felony charge of intimidation, and 1 felony charge assault with a deadly weapon.

He has changed his life completely, works 6 days a week, has been sober for over 2 years (free from alcohol and drugs) has completed anger management classes, Has attended regular AA meetings, and has been taking care of his elderly parents for the last 2 years. He has had some hiccups along the way ( not drug related) ( his sons mother lied to the police and told them that he threatened her, after she showed up unannounced at his home pissed off over a custody battle, so they charged him with domestic assault. He has hired a great attorney and is currently fighting against her accusations in court).

I know, this entire situation probably sounds like an episode of Maury, but I promise we are normal people lol 😂 I am a nursing student with a good head on my shoulders, and would never date someone if I felt as if my life was in danger. we have had a great relationship and I have never once felt as if I was in an unsafe relationship. In fact, had he not been upfront with me about his past, I would have never in a million years guessed that he would even have a criminal record.

Annnyways, if you have read this far, bless your soul for being committed. My questions are, has anyone been in a similar situation? If so, were you denied? Can USCIS actually deny his petition due to his past criminal history, if his charges do not pertain to the Adam Walsh protection act? or are they more so concerned about my criminal history? It does not ask anything about the petitioners criminal history on the i-130 forms, so where does this come into play?

Thank you for taking the time to read this, and also thank you in advance to anyone who has any helpful information to offer! I am not looking for answers that pass judgement, just looking for some friendly advice :)

Sincerely, Harper

submitted by /u/Harperwawro
[link] [comments]

source https://www.reddit.com/r/immigration/comments/gapefb/petitioner_with_a_criminal_record/

Popular posts from this blog

What is the DS-160 form and how do I fill it out?

The DS-160 form is a vital document that every individual applying for a United States nonimmigrant visa must complete. Whether you're planning to visit the U.S. for tourism, business, or any other purpose, this form is a crucial step in the visa application process. Here, we will guide you on how to fill out the DS-160 form effectively to ensure a smooth visa application journey. Firstly, it's important to note that the DS-160 form is an online application, so you'll need a stable internet connection to access and fill it out. Begin by visiting the U.S. Department of State's official website and locating the DS-160 form. Once there, carefully read through the instructions and gather all the necessary information and documents before starting the form. As you navigate through the DS-160 form, you'll encounter multiple sections covering personal information, travel plans, family details, work history, and security-related questions. It is crucial to be honest and

NVC Case FE Review note

Hi everyone, my family and I are under the F3 category and we just received a notice from NVC that our documents have been approved and that we are Documentarily Qualified. My only concern is this message that we received today in addition to the acceptance: ​ " [Name of petitioner] does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p . To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." ​ We already have a petitioner and a household sponsor (the household sponsor's income is above the required level), but still unsure why we received this. Has anyone else received this message? All of our documents say "Approved" on NVC. Does this mean we have to find another sponsor? Can we show the consular officer our

Tips for Increasing Your Chances in the Green Card Lottery

Are you dreaming of relocating to the land of opportunities? The Green Card Lottery DV (Diversity Visa) could be your ticket to making that dream a reality. Each year, thousands of individuals from eligible countries participate in this lottery, hoping to secure permanent residency in the United States. While the lottery is a game of chance, there are a few tips that can boost your chances of success. In this article, we will explore some effective strategies to increase your likelihood of winning the Green Card Lottery DV. 1. Submitting Early: Don't wait until the last minute to submit your application. The Green Card Lottery DV has a limited number of slots available, and once they are filled, no more applications will be accepted. By submitting your application early, you ensure that you have a higher chance of being considered. 2. Review the Eligibility Criteria: Before applying, carefully review the eligibility requirements for the Green Card Lottery DV. Ensure that you