The International Marriage Broker Regulation Act (IMBRA) was signed into law on January 5, 2006. Immigration regulations under IMBRA prohibit issuance of a K visa without an approved waiver in two sets of circumstances. The two areas are:
- Petitioner with a criminal conviction for a specified crime
- Petitioner who has previously filed a K1 visa petitions or had a K1 visa petition approved within the past two years.
IMBRA regulations also prohibit the issuance of a K3 spousal visa without an approved waiver if the petitioner has criminal convictions.
Criminal conviction covers various crimes involving violence as well as crimes relating to a controlled substance drugs or alcohol. If you believe you may fall under this section of IMBRA call us and we will discuss your situation with you and give you advice on what in our opinion will be needed in your situation to obtain a K1 fiancée visa or K3 spousal visa.
Filing limitations; if you have filed two or more K1 visa petitions at any time in the past or has a K1 visa petition approved within the past two years prior to filing of the current petition, a waiver must be obtained before your K1 petition can be approved.
Call our office with any questions; we look forward to speaking with you.
Toll free: 866-750-9020
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