Transcript of the above video: 

As the title of this video suggests, we are discussing prior criminal history, I-601 waivers and the K-1 Fiancé Visa as well as the various Marriage Visas, that is the Non-Immigrant K-3 Visa, as well as the CR-1 or IR-1 Visa for Conditional or Unconditional Lawful Permanent Residence in the United States.

Now the reason for this video, prior criminal history. I did another video contemporaneously with this one where I talked about how prior criminal history can have an impact on folks who are trying to come to the United States. For example, Americans - depending on the type of Visa they are seeking to Thailand - they may go out and need to get an FBI background check for example. And if they have a criminal history, that can have a negative impact for them in Thailand. The same goes for the United States. If you have a fiancé or a spouse who has a prior criminal history, this can have negative implications on a visa application. Moreover, it may be remedied; there may be a way to get through it. You may have to disclose it and deal with it, but there is an I-601 waiver wherein you can stipulate to a ground of inadmissibility and then go ahead and seek a waiver of that finding. So, they basically say look, "we understand you have a prior criminal history, we're going to go ahead and waive that and give you a visa anyway." That is basically what a waiver does. 

Now here's the issue though that needs to be looked at. One, conviction of a crime is not in and of itself, the only dispositive factor that will go into the analysis associated with whether or not you may need an I-601 waiver. For example, things called crimes involving moral turpitude, matters pertaining to certain aspects of drugs and drug trafficking, as well as prostitution. You may not need a conviction in Court to be considered inadmissible under American Law. The point I'm trying to make though with this video is if you have a criminal record or some sort of illicit history that you are worried or you are worried is going to cause problems, cause obstacles in getting one's loved one a visa to the United States, then under those circumstances, you are probably going to have to deal with a waiver; you're probably going to have to deal with an I-601 Waiver. That will add extra time and extra cost to the overall process. How much time and overall cost that will be added will depend on the nature of the underlying offense or illicit activity at issue.

For that reason, those who are sort of overwhelmed or confused by the analysis on this, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.