The potential impact of the US Citizen having a criminal record, is different for a Fiancé Visa or Fiancée Visa than for a Spouse Visa or Marriage Visa. Since the answer for the Spouse Visa and Adjustment of Status processes are simpler, and identical, I’ll address those first.
For the Spouse Visa Process or Adjustment of Status, the US Citizen answers criminal record related questions, but that doesn’t mean their criminal record will have no impact on the process of their spouse’s immigration to the USA. If the US Citizen’s criminal record includes anything related to past immigration fraud, it is quite possible the Petition for Alien Relative could be denied on the basis, USCIS suspects the current relationship is fraudulent. Otherwise, even multiple felony convictions will not impact the process, unless the convictions fall under the Adam Walsh Act. Adam Walsh Act related crimes essentially include any kind of sex crime involving a child.
Having an Adam Walsh Act related criminal record almost always will result in petition denial, whether for a fiancée, fiancé or spouse. These decisions can be appealed but, would require legal assistance from an attorney with specific successful experience dealing with Adam Walsh Act related petition denials. For this reason, Platinum Immigration Services, is not qualified to, and therefore declines to provide assistance in any case where the US Citizen has an Adam Walsh Act related criminal record.
I often explain to the US Citizen desiring to petition for a spouse that, for example, they could be on parole for armed robbery and still be successful in the spouse visa process, but if when they were 18, they were convicted of statutory rape, they are going to have a significant problem, even if the record is from30 years ago, or “sealed”. Sealed court records are NOT sealed from Immigration Officials.
In a fiancé visa or fiancée visa case, the US Citizen is required to answer three specific questions about whether they have convictions dealt with in IMBRA, (International Marriage Broker Regulation Act). If the answers to any of the three questions are yes, the US Citizen is required to submit copies of the actual court records associated with the related convictions.
It is important to note, however, that simply having IMBRA related convictions is not a reason to deny the petition. IMBRA’s criminal record provisions exist for the purpose of making sure the foreign fiancé or fiancée is fully informed about the US Citizen Petitioner’s related criminal record. IMBRA also includes requirements specific to cases where the couple meets through the services of an International Marriage Broker, and imposes limitations on the number of fiancé or fiancée petitions that can be filed by a US Citizen. IMBRA itself will be the topic of a future blog post, as it is an issue often misunderstood, in both purpose and effect.
The IMBRA related petition questions ask if the US Citizen has ever been convicted by a court of law (Criminal or Civil) or Court-Martialed by a Military Tribunal for any of three general categories of crimes listed below.
- Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking
- Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or and attempt to commit any of these crimes
- Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act
It is also noted on the petition that, “These questions must be answered even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.
In short, the impact of answering yes to any of the three questions is generally limited to the time and effort it takes to obtain and provide the applicable court documentation, as IMBRA related crimes that are not Adam Walsh Act related are not grounds for denying the US Citizen’s petition for fiancé or fiancée, and the potential impact to the relationship itself, when the foreign partner is informed of these records. Common sense would essentially dictate that the US Citizen fully inform their loved one, of such records, before filing the petition.
