Understanding I-130 Denial and Criminal Record
In the context of United States immigration, the adjudication of Form I-130, Petition for Alien Relative, can be heavily influenced by the petitioner or beneficiary’s criminal record. Particularly, certain categories of crimes may lead to denial.
Impact of Criminal History on I-130 Petition
A criminal history can significantly impact the approval of an I-130 petition. United States Citizenship and Immigration Services (USCIS) assesses the petitioner’s character and the nature of their relationship to the beneficiary. If the petitioner has a criminal record that includes offenses such as domestic violence, sexual abuse, drug trafficking, or other aggravated felonies—it may result in the petition being denied. Such crimes suggest potential dangers to the beneficiary and public safety concerns.
Categories of Crimes Affecting I-130 Approval
Specific categories of crimes have been identified that can negatively affect the approval of an I-130 petition:
- Crimes of moral turpitude: These can encompass a variety of offenses, including theft, fraud, and certain crimes involving dishonesty or immoral conduct.
- Aggravated felonies: A broad category under immigration law, including murder, rape, sexual abuse of a minor, drug trafficking, and trafficking in firearms or destructive devices, among others.
- Drug offenses: Convictions related to controlled substances, especially those with elements of trafficking or distribution.
- Violence or threat offenses: These include domestic violence and other crimes that involve the threat or actual use of violence.
USCIS evaluates each case individually, considering the severity and nature of the crime, as well as rehabilitation efforts and the amount of time that has elapsed since the conviction.