We’ve got a question coming in from Harvey, “I have a felony from over 10 years ago. What are my chances of getting my fiance approved for a K1 fiance VISA?” Well, without knowing what the felony conviction is, that’s difficult to say. As I’ve said before, everything comes down to the discretion of the consul officer conducting the interview and it also greatly depends on the felony.
If you’re interested, you can check online for IMBRA, International Marriage Broker Regulation Act, and you can see a list of convictions that could cause you to get denied. In some cases, we may refer you out to an immigration attorney. You may even want to consult with one just to look at it but you can also give us a call too. If we can’t take your case, we would definitely refer you out to an immigration attorney but we’d be happy to discuss it.
Yeah, I would add to that, you know, we’ve never found, I don’t believe there exists, an exhaustive list of criminal convictions that would disqualify somebody but what we have learned after all our years in this industry and all that we’ve done and seen in red is that there are two categories that may cause you trouble. An immigration offense that landed you a felony. I mean if you’re caught making fake passports or something. That might not look good. Or sexually related. So, if you’ve got a history of being violent, especially sexual violence, that’s going to be a problem because they’re looking out for the best interest of the alien in that case. Those two things, even then, they don’t necessarily preclude you because again, there’s no exhaustive list, but that’s something you may have to worry about.
Now, having said that though, if it’s 10 years ago and you stole a car, I have seen that exact one. We did one for a person that did three years in prison for a mortgage fraud. And it goes on and on. We’ve certainly seen a lot of people who’ve had drug arrests, a lot of them. It’s surprising how many people have little minor marijuana possession or something in their background. These things normally are not going to be a problem. Now, you’re going to have to document it, you’ve got to come up with the disposition paperwork or whatever so you will need to document it and you will need to disclose it. Last thing you ever want to do is be dishonest or intentionally omit things from your application.
Generally, if it’s not those first two categories I mentioned, generally we’ve seen it’s not been a problem.
Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.