CONVICTED FELON

[Reddragon75]

I am not sure if I posted this in the right place but I am in desperate need of help.

I am a convicted felon in the state of Indiana. It happened 6 years ago and it was not for any of the specific crimes listed on the I-129F form. Also, my fiancee already knows about it.

 

Since I am a felon, will the USCIS automatically deny my petition?

 

Are there any other felons on here that went through the Visa process? If there are, could you please help me. Please feel free to email regarding this matter.

 

Thanks

[Guest Mike and Lily]

Yes, Threadbare has a felony conviction. Read this thread, it may help. A felony won't necessarily preclude you from bringing your fiance here, but it will likely be more difficult. Good Luck!

 

http://candleforlove.com/forums/index.php?...=26523&st=0

[Guest Rob & Jin]

Just dont lie about it, if its not on the list of no, no's, it should not automatically cause denial. PM threadbare he might be of help.

 

Good luck

[clayton2103]

If I am correct, Threadbare did not have to disclose this info during the visa process for his SO as he filed prior to IMBRA.

There are others past and present here on CFL that have had convictions and experienced no issues, other than a slightly longer timeline, during their process.

 

Clayton

[Trigg]

I may be 100% wrong but I was always under the impression that a) You only needed to report past felonies if you met through an IMBR and The information was then reported to your future wifey-then it was her decision to marry or not?!?!?

[NUWORLD]

I may be 100% wrong but I was always under the impression that a) You only needed to report past felonies if you met through an IMBR and B) The information was then reported to your future wifey-then it was her decision to marry or not?!?!?

 

This was my understanding too.

Though the OP is in the window for IMBRA.

Tell no lies and let SO know everything then she will decide.

 

If we have forgotten about the IMBRA here is what it says.

 

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes.

 

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 of

the instructions for the full definition of the term "domestic violence.)

 

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

an attempt to commit any of these crimes, or

 

Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

 

 

Answering this question is required 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. Using a separate sheet(s) of paper, attach information

relating to the conviction(s), such as crime involved, date of conviction and sentence

 

3. If you have provided information about a conviction for a crime listed above and you were being battered or subjected to

extreme cruelty by your spouse, parent, or adult child at the time of your conviction, check all of the following that apply to

you

 

I was acting in self-defense.

I violated a protection order issued for my own protection

 

I committed, was arrested for, was convicted of, or plead guilty to committing a crime that did not result in serious bodily

injury, and there was a connection between the crime committed and my having been battered or subjected to extreme cruelty.

 

 

Part D. Penalties, certification and petitioner's signature

 

PENALTIES: You may by law be imprisoned for not more than five years, or fined $250,000, or both, for entering into a marriage

contract for the purpose of evading any provision of the immigration laws, and you may be fined up to $10,000 or imprisoned up to five

years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

YOUR CERTIFICATION: I am legally able to and intend to marry my alien fianc¨¦(e) within 90 days of his or her arrival in the United

States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to

determine eligibility for the benefit that I am seeking

 

Moreover, I understand that this petition, including any criminal conviction information that I am required to provide with this petition, as

well as any related criminal background information pertaining to me that U.S. Citizenship and Immigration Services may discover

independently in adjudicating this petition will be disclosed to the beneficiary of this petition

 

 

As long as the SO knows about your past what ever if may be.

Then during the interview if the question should come up.

She will have a valid answer and she know about your past.

With this being said you SHOULD not have a problem!

But then again GZ makes up there own rules as they go and change daily.

 

No matter what! Never give up! And always fight for what you want!

 

Good luck!!

Edited February 9, 2008 by NUWORLD (see edit history)

[dcwfn]

Henry Fonda had a line in the movie "Your's, Mine and, Ours" that can apply here when he said; "Damn the torpedos, FULL SPEED AHEAD"!

[Reddragon75]

Thank you all for your help. It makes me feel alot better to know that just because I am a felon does not necessarily mean an automatic denial of the petition. I realize that it may cause delays, but what is important to me is that it is eventually approved.

 

I have told my SO everything about my conviction. Even if I would not have HAD to tell her, I would have done so anyway. A couple should be able to be open and honest with each other.

 

By the way...I read all the threads relating to felony convictions, and someone said that felons can't have passports.

I am 99.9% positive that this is not true. It is possible that the government decides whether or not to issue one depending on the charges, but I was issued a passport on October 2007. I travelled to China(Nanning) in December to meet my SO.

 

Again...THANKS ALL!