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Immigrant VISA IR1 ?

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  • Immigrant VISA IR1 ?

    okay i'm in the US right now (visitor visa overstayed). I'm currently facing a felony. I know becoming a citizenship is probably out of the question, but can i still apply for a "IMMIGRANT VISA IR1"?

    Do they do background checks (even if i file in my origin country?) and does a felony play any role on simply getting a visa?

    I guess my main question is "is there a eligibility process that prohibits someone to obtain a visa due to a felony?

  • #2
    okay i'm in the US right now (visitor visa overstayed). I'm currently facing a felony. I know becoming a citizenship is probably out of the question, but can i still apply for a "IMMIGRANT VISA IR1"?

    Do they do background checks (even if i file in my origin country?) and does a felony play any role on simply getting a visa?

    I guess my main question is "is there a eligibility process that prohibits someone to obtain a visa due to a felony?

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    • #3
      Yes.

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      • #4
        any more info than just a "YES" ?

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        • #5
          In the CIS lingo any felony is an aggravated felony which makes you inadmissible for 10 year. You can still apply for an IR1 visa with a Waiver of Inadmissibility form I-601. Your record will come up while the NVC clearance which includes FBI and NCIC checks. Also embassy will collect your fingerprints and do another FBI/name check clearances.

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          • #6
            "can i still apply for a "IMMIGRANT VISA IR1"?"

            Yes, here is what you need:
            A US citizen spouse of two years or more,
            An approved I-130,
            An I-864,
            A DS-230,
            A medical exam, police and background check, and interview at the US Embassy in your home country,
            An I-601 for a waiver of the 3/10 year bar (if you had 180 days of unlawful presence), and
            An I-212 for a waiver of inadmissibility (there may be no waiver available for certain criminal convictions, e.g. murder.)


            Since you entered the US with a valid visa, you may apply for adjustment of status. This is IR6 (or CR6 if you do not have two years of marriage to your US citizen spouse at the time of approval of LPR status.) If you do not leave the US, there is no 3/10 year bar. The felony may still make you ineligible. Check INA § 212.

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