Criminal record will affect the application for immigrant visa in the United States.

Usually, the Immigration Bureau will conduct a comprehensive background check on foreigners who immigrate through relatives. Whether the relationship is true or not and whether the beneficiary has a criminal record will affect whether the beneficiary can successfully obtain an immigrant visa. So what is the specific situation? Come and have a look with me!

There is no doubt that the main applicant has the right to apply for a foreign spouse or fiancee, but there is a class of main applicants whose right to apply for a foreign spouse or fiancee is limited because they have a special criminal record in the United States in the past.

The US Immigration Service will conduct a comprehensive background check on foreigners who immigrate through relatives. Whether the relationship is true or not and whether the beneficiary has a criminal record will affect whether the beneficiary can successfully obtain an immigrant visa. There is no doubt that the main applicant has the right to apply for a foreign spouse or fiancee, but there is a class of main applicants whose right to apply for a foreign spouse or fiancee is limited because they have a special criminal record in the United States in the past.

Q: I am still on probation, because the police found out that there were indecent photos of minors in the computer, and I was classified as a sex offender. I consulted other lawyers, and some of them completely ignored me. A lawyer said that I am not qualified to apply for my fiancee because my case involves the Adam Walsh Child Protection and Safety Act. I regret my past mistakes, a stain that will never be erased in my life, but now I hope to have the opportunity to be with my fiancee. What is the specific content of Adam Walsh's Child Protection and Safety Act? If my rights are restricted, do I still have this chance?

A: The Adam Walsh Child Protection and Safety Act (AWA) was enacted in 2006. When applying for a foreign spouse, any criminal involved in child abuse must automatically report the previous criminal facts to the Immigration Bureau. On March 20 1 1, the Immigration Bureau made a new regulation that all immigration cases involving AWA should be handled in the Vermont visa center. The purpose of AWA Act is to protect children or foreign beneficiaries from potential criminal acts. If the offender has committed any acts before: domestic violence, sexual assault on minors, whoring, child pornography, kidnapping/illegal detention of minors (except parents and guardians), video surveillance, paid pornography and the above acts are all within the scope of AWA restrictions.

Then, if you are restricted by AWA, you can apply for a foreign fiancee or foreign spouse. How to apply?

First of all, there are two kinds of applications. One is that unmarried couples apply for an American immigrant visa and submit I- 129F, and the other is that relatives apply for immigration and submit I- 130. When asking about the background of the applicant on the I- 129F form, it is necessary to truthfully fill in the past criminal acts and provide the corresponding documents as required on the form, while I- 130

Secondly, the key part is the need to submit an exemption, and how to fully prove that the applicant will not cause harm to foreign beneficiaries. In addition, you can also add some materials to prove that you have completed all rehabilitation projects, letters of recommendation or treatment reports from participants, public welfare activities such as church activities to help the community, letters of commitment from the principal applicant, and letters from relatives and friends.

Although the above materials are helpful to the application, the most important thing is to prove that the main applicant will not cause harm to the beneficiary, so it can be played according to his own personal situation and suit his own reasons. USCIS should also ensure that foreign beneficiaries are fully aware of the principal applicant's previous criminal record. If it is found that the beneficiary knows nothing about his criminal behavior, this situation will be ruthlessly rejected.