An F-1 visa holder planning to marry a US citizen is facing unexpected trouble because of her fiancé’s past. She fears that an old felony warrant for vehicle theft could now block her green card process and future in the US.
Marriage Delayed Over Legal Fears
The student, currently working under Optional Practical Training (OPT) valid till December, has postponed both her marriage and green card filing. The unresolved criminal record against her fiancé remains the biggest obstacle before she applies for permanent residency.
Criminal Records Trigger Deep Checks
In the US, marriage-based green card applications involve extensive background screening. Even a pending warrant or unresolved charge can raise red flags. While the applicant herself may be clean, her partner’s record can lead to extra scrutiny or a Notice to Appear (NTA).
Stricter Policies Add to Anxiety
Under the current political climate, immigration officers are enforcing tougher checks on applicants. Any inconsistency or criminal link, even indirect, can delay or reject your petition. Officers have wide discretion in determining case outcomes during background reviews.
Officer Perception Matters
Each case depends heavily on the officer assigned to it. Internal practices differ across immigration offices, but most officers tend to flag such cases for secondary review. The uncertainty around interpretation makes these situations highly unpredictable.
Legal Help Is Essential
As her OPT nears expiry, the graduate must soon file her green card application. Seeking help from an experienced immigration attorney is the safest route. Legal experts can ensure the process is handled properly and protect applicants from costly errors or delays.
