Article Directory :: Legal Articles

Petitioner's Criminal History and the US Immigration Process

By Ben Hart

Republish: EasyPublish™ Published: 19Sep2010 Word count: 429 Viewed: 643 time(s) Get Free Content For Your Site

The following article briefly discusses the ramifications of a petitioner's criminal background on a US Immigration petition submitted on behalf of a foreign fiance, fiancee, or spouse.

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 writing, this is no longer the case as one's criminal history could have a significant impact upon one's ability to file for immigration benefits on behalf of another person, particularly a foreign fiancee.

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). In recent years the United States federal government seems to have taken an increasingly "tough line" against those whom they perceive 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 said, those with a criminal record who are thinking of filing for American visa benefits may find assistance of counsel advantageous because an attorney experienced in Immigration matters can provide insights that the prospective petitioner may not be aware of. USCIS and the National Visa Center (NVC) are tasked with conducting clearances in connection with 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 above, assistance from a licensed American lawyer might be beneficial for many who are worried about past infractions impeding a current visa petition.

EasyPublish™ this article - publishers click here

More articles by Ben Hart

Free Report!
Ten Essential Secrets Of Article Marketing ... Grab Your Free
Copy Now:

Need Content?
Regular Top Quality Content for your Blog, Ezine or Website ...
Delivered Direct,
For Free!
Click For Details