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.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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