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ResourcesVisa & Immigration LawUS Immigration LawCan a Petitioner's Prior Criminal Record Impact the K-1 Visa Process?

Can a Petitioner's Prior Criminal Record Impact the K-1 Visa Process?

Transcript of the above video:

As the title of this video suggestions, we are discussing a petitioner's prior criminal record in the context of a K-1 Visa. So what are we talking about here? We are talking about the petitioner, that is the American applicant, the American petitioner who is petitioning for their fiancée to come from abroad and whether or not their criminal record, that petitioner's criminal record can have an impact on the case. The short answer is yes.

Generally speaking, especially in the new forms, you have got to deal with things associated with disclosure of prior criminal activity; other issues associated with possible sex offenses can have a tremendous impact on K-1 processing. So again, it is going to be very fact dependent on whether or not the K-1 application, the K-1 petition is going to be substantially, I hesitate to use the word harm, but substantially impacted by the presence of prior criminal convictions. More innocuous prior convictions are probably not going to be a major issue associated with K-1 processing but as noted, certain things associated with for example domestic violence or prior sex offenses can have a tremendously adverse impact on K-1 Visa processing.

So it is going to depend on the facts of one's case. Generally speaking criminal activity is going to have to be disclosed no matter what on a K-1 application but the nature of the facts surrounding the underlying offense are going to be basically what is dispositive in determining whether or not it is going to impact the actual process of obtaining a K-1 Visa for a foreign fiancé.