Sparta, MI asked in Immigration Law for Michigan

Q: When filling an i129 fiance visa.. does petitioner have to provide criminal record check or just a brief history of it

Like why it has happened. Doesnt the USCIS do there own background check.

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2 Lawyer Answers

Deron Edward Smallcomb

  • Immigration Law Lawyer
  • San Diego, CA

A: It depends what the criminal history is. If you require a criminal history waiver, you should definitely contact an experienced immigration lawyer for assistance.

Dayna Lally agrees with this answer

Dayna Lally

  • Immigration Law Lawyer
  • Woburn, MA
  • Licensed in Michigan

A: If you have been arrested or convicted for any of the following crimes (or an attempt to commit any of the following crimes), you must submit certified copies of all court and police records showing the charges and disposition for each arrest or conviction:

Domestic violence, sexual assault, child neglect, dating violence, elder abuse, stalking, homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, and/or false imprisonment.

You must submit certified copies of all court and police records even if your records were sealed, expunged, or otherwise cleared.

I suggest that you contact an immigration attorney if you are unsure how to complete a form or uncertain of what information to provide to the USCIS.

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