When Arrests, Convictions, or Records Can Lead to a Failed Application

It’s a joyous moment when you get to reunite with your fiancé. Even more so after months of waiting to hear back about their nonimmigrant K-1 fiancé(e) visa status. Having one not only grants their admittance to the United States but also affords them the chance to apply for a green card down the road.

The last thing you want to happen is for your fiancé to get denied after months or years of application processing. Background checks are one of the most critical requirements for U.S. Citizenship and Immigration Services. Should your fiancé have a criminal record, it could lead to inadmissibility. Read on to see what this might mean for you and your future spouse.

Understanding Inadmissibility: Can My Fiancé Get a K-1 Visa If They Have A Felony? 

The last thing you want to be is inadmissible to the United States. Those who are, are ineligible to apply for or receive a visa, become a lawful permanent resident, and eventually naturalize. Even slight misdemeanors can jeopardize one’s chance. We outline several of them below for your reference:

• Committing crimes of moral turpitude: murder, rape, kidnapping, assault, manslaughter, etc. That includes any attempts or conspiring to go through with the plan
• Violating U.S. or foreign drug or controlled substance laws or policies
• Have a record of multiple criminal convictions that total five years or more
• Inheriting or receiving financial benefits from illegal drug trafficking
• Any form of human trafficking, money laundering, or fraud cases, among others

Whether your fiancé has a criminal record or a clean slate from having those crimes expunged, consult with a criminal immigration defense attorney anyways, as there are two ways to bypass inadmissibility. The USCIS is more likely to reconsider your case if your fiancé was only convicted of one crime and if there is a waiver of inadmissibility involved.

How Effective Are Sentencing Exceptions?

It varies per client. If your fiancé has only been convicted of one crime that resulted in a penalty of less than a year, it is not grounds for inadmissibility. Fortunately, the USCIS will only assess the maximum sentence and the initial act. Suppose your fiance failed to pay a ticket or government-related fee. Should there be a penalty, it shouldn’t amount to over a year, pending California state laws. Part of our job as immigration lawyers would be to help you understand what this means and get the process started.

Waiver of Inadmissibility

The USCIS grants waivers of inadmissibility under the Immigration and Nationality Act (INA). It is a form of federal relief that challenges removal and deportation for certain immigrants. Not all grounds apply. With K-1’s being a nonimmigrant visa, the process will be slightly different as your fiancé intends to remain in the U.S. permanently.

At our immigration law offices, we can help you request and fill out Form I-601, Application for Waiver Grounds of Inadmissibility. We will save you ample time and legal fees by determining if your fiancé qualifies. Keep in mind that not all crimes will be waived or forgiven. There should be no delays if you have a solid legal case. A few exceptions to be mindful of are crimes involving drugs, murder, and torture.

Can I Sponsor My Spouse If I Have a Criminal Record?

On the other hand, if you have a criminal record, the same reasoning would apply. Certain offenses would prevent you from sponsoring a fiancé or spouse for a green card. Anyone with convictions or felonies has a right to marry someone from abroad. There are other ways for your loved one to join you in the U.S. and eventually become permanent residents.

The K-1 visa process differs for everyone. To increase your chances of approval, consult with an immigration lawyer before applying or while the application is under review!

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.