IMBRA: What the USCIS Does with a Petitioner’s Criminal History

If the petitioner indicates that he has been convicted by a court for one of the specified crimes such as domestic violence, abusive sexual contact, crimes relating to alcohol where he has been convicted on at least three occasions and assuming that the crimes did not arise from a single act, then the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared. This information shall become part of the petitioner’s K1 visa petition package.

If the petition is approved, the petitioner’s criminal background information and any related criminal conviction information that USCIS discovers during the course of conducting its routine background check will be provided to the Department of State. The Department of State will disclose this information to the beneficiary during the consular interview. The objective of this is to ensure that the K1 foreign fiancée is given information regarding the petitioner’s criminal past in the event the petitioner fails to divulge that information to the K1 beneficiary.

If you are concerned that a past criminal event may prevent you from applying for a K1 fiancee visa for your fiancée, contact me for a free review of your situation.

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