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ResourcesVisa & Immigration LawUS Immigration LawCan a Prior Criminal Record Impact the K-3, CR-1, or IR-1 Process?

Can a Prior Criminal Record Impact the K-3, CR-1, or IR-1 Process?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-3, CR-1 and IR-1 Visas. These are Marriage Visas; specifically in the case of the K-3, these are spouses of American citizens but it could be in the CR-1 or IR-1 case, spouses of Lawful Permanent Residents. We are discussing whether or not the petitioner, that is the American citizen or lawful permanent resident to be specific, whether or not their criminal record could adversely impact the processing of such an Immigration case.

The long and the short of it is it could. It will depend heavily on the facts of the underlying criminal conviction. Traffic citations or something are probably not going to be a big deal, again depends on context. I don't want to say that and then somebody says "well I watched your video and I previously was involved in criminally negligent homicide", behind the wheel or something, well that is not a traffic citation. I am talking like a parking ticket, so I shouldn't speak loosely about this stuff. Any prior criminal arrest or citation, conviction can have an impact on the processing of a K-3, a CR-1, or an IR-1 Visa. Again it will depend on the context; things like domestic violence, prior convictions or arrests for that can have a totally different impact than for example a prior conviction on the petitioner's part for some sort of white collar crime or something. Meanwhile, sex offenses can have a tremendously negative impact on the processing of the case, sometimes in a completely legal context and sometimes more from just administrative processing context, it is our experience sometimes those cases just take longer to process depending on the circumstances. 

So again it is going to depend on the underlying facts of your case but long story short the thing to take away from this video is, yeah it needs to be disclosed; it is part of the processing of the case and depending on the substance of the underlying offense, it may or may not have a rather substantial impact on one's case processing in a K-3, CR-1, or IR-1 context.