What criminal offenses disqualify a prospective petitioner from filing a fiancée or family-based immigrant petition?
Absent a DHS discretionary determination that the petitioner poses “no risk” to the beneficiary, individuals who have been convicted of any of the following offenses against a minor, are ineligible to file a petition on behalf of a foreign national family-member or fiancée: 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; use in a sexual performance; solicitation to practice prostitution; video voyeurism as described in section 1801 of title 18, United States Code; possession, production, or distribution of child pornography; the use of the Internet to facilitate or attempt such conduct; criminal sexual conduct involving a minor, or any conduct that by its nature is a sex offense against a minor.
- Must the beneficiary of the Form I-130, Petition for Alien Relative, be present with the petitioner at the time of filing the immigrant visa petition?
- What criminal offenses disqualify a prospective petitioner from filing a fiancée or family-based immigrant petition?
- What is the major advantage of filing I-140 petition in EB-2 immigrant category?