criminal record us spouse visa specifics

[michel2]

Hi My boyfriend is a Jamaican citizen but has recently acquired his green card and is living in the US. We are looking to get married and understand he can file for me at this point as an alien relative-I am a uk citizen and living in the uk. How long does this process take as some people are saying 5 years?!!! Also I have a criminal record-a fraud charge ten years ago which resulted in imprisonment of 6 months. I have other juvenile convictions for fraud but that was twenty years ago. I have now turned my life around but need to know if this disqualifies me from obtaining a visa.Many thanks

[Marco 72]

Hi My boyfriend is a Jamaican citizen but has recently acquired his green card and is living in the US. We are looking to get married and understand he can file for me at this point as an alien relative-I am a uk citizen and living in the uk. How long does this process take as some people are saying 5 years?!!! Also I have a criminal record-a fraud charge ten years ago which resulted in imprisonment of 6 months. I have other juvenile convictions for fraud but that was twenty years ago. I have now turned my life around but need to know if this disqualifies me from obtaining a visa.Many thanks

It takes a few years. According to the May 2010 visa bulletin, they are currently processing petitions filed in December 2006. About your conviction, what matters is: 1) what was the actual sentence imposed? 2) what was the maximum sentence you could have received for that offence?

[michel2]

Thank you for your quick response. To clarify I was given a 6 month prison sentence but only served 2 months for good behaviour-the maximum sentence for conspiracy to defraud is 10 years. Is it a quicker process if i was actually staying in the US with him?

[Marco 72]

Thank you for your quick response. To clarify I was given a 6 month prison sentence but only served 2 months for good behaviour-the maximum sentence for conspiracy to defraud is 10 years. Is it a quicker process if i was actually staying in the US with him?

If the maximum sentence is 10 years then you do not qualify for the 'petty offense exception', unfortunately. It sounds like you are going to need help from a qualified immigration attorney, and you may have to apply for a waiver of inadmissibility (I-601). You should consult an attorney who has successfully dealt with such waivers before (not all lawyers have). See also the forum at www.immigrate2us.net, which deals specifically with these waivers.

No, there is no way to speed up the process, and you won't be able to legally stay with him while the application is pending unless you can get a visa of your own.

[ElenaW]

Marco out of curiousity, what offenses count as "petty"? I imagine them to be one year maximum sentences but that's just a guess.

[Marco 72]

Marco out of curiousity, what offenses count as "petty"? I imagine them to be one year maximum sentences but that's just a guess.

Your guess is correct. See here. By the way, I'm not even sure if there is such a thing as a waiver of inadmissibility for spouses of LPRs. A good lawyer will know.

[ElenaW]

Marco out of curiousity, what offenses count as "petty"? I imagine them to be one year maximum sentences but that's just a guess.

Your guess is correct. See here. By the way, I'm not even sure if there is such a thing as a waiver of inadmissibility for spouses of LPRs. A good lawyer will know.

Ah! thank you very much. I've had a friend ask me about this and I gave them my guess answer. Glad I'm a good guesser.

[michel2]

Thank you marco-sounds like its going to be a long road