More details to this question:
I am in the process of filing a I-129 k-1 visa we have no problems meeting all the requirements I have traveled to see my fiance as well. My question is I have this felony on my record from back in 1992 I was arrested for a child molest charge at a Class C I was sentenced to 4 years 3 and a 1/2 years suspended and 6 months in a county jail on a work release program by the way I did a plea agreement also 2 years on probation. all served and done I did not have to register as an sex offender and this was way before the Adam walsh act was even in effect. Will this affect the decision for me to get approved for the K-1 visa my fiance knows all the facts as well and she has no issues with it.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your criminal record could very possibly be a bar to your having a K-1 visa approval for your fiancée. The I-129 F petition specifically asks for convictions to be stated where petitioners have been convicted of among others domestic violence, sexual assault, child abuse and neglect, etc. U.S.C.I.S. is fairly restrictive in interpreting the Adam Walsh Act, and this is backed up by decisions of the Board of Immigration Appeals. . Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 24th, 2015 at 9:23 AM