Which crimes are affected by IMBRA? What does this mean for me?

25 Oct 2018

IMBRA mandates that if a petitioner has a record of certain violent or sexual crimes, they are immediately disqualified from petitioning for a fiance visa. Exceptions to these statutes require a waiver. Waivers are often denied.

IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”:

  • Domestic violence
  • Sexual assault
  • Child abuse and neglect
  • Dating violence
  • Elder abuse
  • Stalking
  • Homicide/murder/manslaughter
  • Rape
  • Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.
  • Abusive sexual contact
  • Sexual exploitation
  • Incest
  • Torture
  • Trafficking
  • Peonage
  • Holding hostage
  • Involuntary servitude
  • Slave trade
  • False imprisonment
  • Kidnapping/abduction/unlawful criminal restraint Records must be provided, 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.

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