Which Crimes Bar You From Filing I-130 Petition for Immigrant Spouse (2024)

FAQs

Which Crimes Bar You From Filing I-130 Petition for Immigrant Spouse? ›

These include: an offense (unless committed by a parent or guardian) involving kidnapping. an offense (unless committed by a parent or guardian) involving false imprisonment. solicitation to engage in sexual conduct.

USCIS will conduct a background check on the U.S. sponsor to determine whether they have a record of a crime covered by the Adam Walsh Act. If they do, USCIS almost certainly will deny the petition (Form I-130).

‍The instructions section of Form I-130 has been revised to state that USCIS may require the citizen or resident to appear for an interview collect additional information, conduct background checks including an FBI criminal history check, and to verify the petitioner's identity by providing fingerprints, a photograph ...

Whom Can I-130 be filed? (cont.) No one can file an I-130 on behalf of an aunt, uncle, cousin, niece, nephew, in-law relative or grandparent.

When you file an I-130 for your relative, USCIS may request an interview or biometric information, such as fingerprints or photographs, from both you and the applicant. This is so they can run background and security checks.

The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization.

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.

Immigration officers may not enter your home unless they have a “warrant.” A warrant is a document issued by a court or government agency. There are two types of warrant — one for when they are coming to arrest you, and another for when they have permission from a judge tosearch your home.

The U.S. Immigration and Citizenship Services (USCIS) is not responsible for making sure you pay your taxes.

What can cause I-130 to be denied? ›

If you didn't provide enough information for USCIS to make a decision, they may deny your Form I-130. Most likely, USCIS will issue a Request for Evidence (RFE) before the I-130 denial. If you fail to respond to the RFE or do not provide an adequate response, USCIS may deny the visa petition at that time.

When USCIS plans to deny an I-130 spousal petition, the final decision is not instant. Rather, the government issues a Notice Of Intent To Deny (NOID). This provides the U.S. citizen spouse an opportunity to respond before a final decision is rendered.

How long has your spouse stayed in the US / NJ? How long did you date before getting married? When did you start a romantic relationship? How do you communicate with your spouse / how do you stay in touch / which language do you talk in / does your spouse speak and understand your language?

If you have a serious crime, you need to talk to an immigration lawyer before filing for that immigration benefit. Once you do and get fingerprinted, background checks usually take six to eight weeks, maybe 12 weeks.

Immigration background checks are done by the USCIS and require you to be fingerprinted in order to obtain your record. Background checks for immigration are handled solely by the United States government. However, you can obtain a personal FBI background check to review for both you or your immigration attorney.

USCIS will investigate the marriage of those seeking marriage green cards, and investigations will typically involve interviews to help establish the authenticity of the relationship. Interviews may be conducted separately or together with both spouses present and may involve multiple interviews.

Yes, permanent residents can be deported for pleading guilty or getting convicted of a misdemeanor, if the prosecutor and judge sees it as a crime of moral turpitude. Examples can include, but are not limited to: violating a restraining order, domestic violence offenses, drug crimes and others.

Certain crimes will jeopardize your green card application, such as crimes of “moral turpitude,” multiple offenses, or specific crimes such as drug trafficking, prostitution, commercialized vice, money laundering, religious freedoms violations as a foreign government official, or fraud.

Form I-192 is an application for a specific type of waiver used by people wishing obtain such forgiveness and enter the U.S. on a temporary, nonimmigrant basis. (It's of no use to anyone applying for an immigrant visa, otherwise known as lawful permanent residence or a green card.)

Marriage certificate; Adoption certificate; The petitioner or joint sponsor's most recent Federal Income Tax Returns, if you are listed as a dependent; or. A signed, written statement describing the relationship.

Does USCIS do background check on sponsors? ›

As part of the process of reviewing a family or marriage green card application, U.S. Citizenship and Immigration Services (USCIS) conducts background and security checks on both the U.S. citizen sponsor and the spouse seeking a green card.

Proving a relationship with your spouse

A marriage certificate and proof that the marriage was registered with a government authority. Proof of a divorce if your spouse was previously married. If you have children in common, long-form birth certificates or adoption records that state the name of both parents.

Bars to adjustment of status are rules that exclude certain individuals that have committed a particular act or violation. They are factors that can disqualify an applicant. Many applicants get a Form I-485 denial as a result of bars they didn't realize existed.

Yes, a misdemeanor conviction can affect immigration status. While misdemeanors are generally considered less serious than felonies, any criminal conviction can lead to deportation for a non-citizen.

If you entered the U.S. unlawfully, have prior immigration violations, failed to attend removal proceedings, or otherwise abused the U.S. immigration process, you may be ineligible for a green card.

Bring the following documents to the appointment: Form I-551, Permanent Resident Card; Appointment notice; and. A second form of identification (driver's license, passport, or state identification card).

Approximately 6 to 12 Months After Filing

Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

- The current average processing time for U.S. citizens filing Form I-130 for a spouse beneficiary is 18 months. - The current average processing time for legal permanent residents filing Form I-130 for a spouse beneficiary is 28 months.

U.S. immigration officers have broad authority to search travelers' luggage and belongings when they enter the United States. That authority extends to cellphones, laptop computers, and tablets.

If you are able to have a Joint Account, USCIS would require 12 months of statements, or as many as possible. Meaning, if you've been married for 2 years, and have a joint account for 3 years, USCIS would want 3-years of bank statements. The more the better.

What do immigration officers see on their screen? ›

Any criminal history you have. Your citizenship status. Employment information. Your phone numbers.

Does USCIS Screen Your Social Media Activity? Yes, USCIS may survey your social media accounts. Their surveillance is strictly for the evaluation of your application for immigration benefits. Their findings can influence a decision about your eligibility.

USCIS collects biometrics from all applicants for naturalization and sends them to the FBI. From there, the FBI searches its databases to see if you have any criminal background or are otherwise a security threat.

All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and a copy of their most recent U.S. federal tax return (most commonly IRS Form 1040, Form 1040EZ or an IRS Tax Return Transcript).

USCIS will conduct a background check on the U.S. sponsor to determine whether they have a record of a crime covered by the Adam Walsh Act. If they do, USCIS almost certainly will deny the petition (Form I-130).

A copy of your unexpired U.S. passport; An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or. A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).

Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview.

How long does it take in 2023? The I-130 average processing time is 6 to 12 months for immediate relatives.

As of April 2021 USCIS guidelines, a US army sponsor with a household size of two needs at least $17,420 to sponsor a spouse or child. A sponsor with a household size of two who isn't a member of the US armed forces needs at least $21,775 to sponsor.

Once USCIS approves your I-130 application, your application will be sent to the U.S. Department of State's National Visa Center (NVC) for processing. If your family member's case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.

Can an approved I-130 be Cancelled? ›

Withdrawal After Approval of Form I-130

You still may be able to withdraw your petition if USCIS has approved Form I-130. However, you will not be able to withdraw it if USCIS has already reviewed Form I-485, which is the adjustment of status application for a foreign national.

Emergencies and urgent humanitarian reasons;

Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

If you didn't provide enough information for USCIS to make a decision, they may deny your Form I-130. Most likely, USCIS will issue a Request for Evidence (RFE) before the I-130 denial. If you fail to respond to the RFE or do not provide an adequate response, USCIS may deny the visa petition at that time.

At the screening, an officer will collect your biometric information like your photograph, fingerprints, and signature. USCIS uses this biometric information to run a criminal background check on you in the FBI's database.

Immigration background checks are done by the USCIS and require you to be fingerprinted in order to obtain your record. Background checks for immigration are handled solely by the United States government. However, you can obtain a personal FBI background check to review for both you or your immigration attorney.

Nonetheless, many different types of information are available in a comprehensive background check. These include: Immigration or citizenship status. A background check might verify an employee's Social Security number, immigration status, or citizenship.

(For more about the impact of a criminal record on the spouse seeking a green card, click here.) Under U.S. immigration law, only convictions for certain “offenses against a minor” will automatically disqualify a U.S. citizen from sponsoring a spouse for a green card.

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case.

Two types of crime result in an automatic and permanent bar to citizenship – murder, and aggravated felony for which you were convicted after November 29, 1990. These crimes also result in deportation.

What are crimes of moral turpitude? ›

Crimes against a person involve moral turpitude when the offense contains criminal intent or recklessness or when the crime is defined as morally reprehensible by state statute. Criminal intent or recklessness may be inferred from the presence of unjustified violence or the use of a dangerous weapon.