Felony arrest 18 years ago and applying for a K-1

[nepatriot01]

I had a Felony arrest 18 years ago and later pleaded nolo to a misdemeanor with one year probation. Since then no other arrests and have in fact taken jobs which have required security clearances (which I currently hold). I am now in the process of applying for a K-1 and my previous arrest has me now very worried. The Felony charge was considered a "violent crime" however the one year probation was only for simple assault.

Do I have declare this on the I-129 as I was not convicted of a felony, or do I just put it out there and submit a waiver? And is that enough to deny our K-1? (my fiancée is aware of my arrest)

Worried and sleepless.... Does anyone know what we can expect?

[BigJoe5]

It shouldn't pose a real problem unless....

it falls into a defined category. You, as a U.S. Citizen don't have any real danger of any enforcement action but it could prevent you from petitioning.

Read on....

You will be closely scrutinized under the Adam Walsh Act, SEE:

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/adamwalshact020807.pdf

an excerpt:

A petitioner who has been convicted of a specified offense against a minor is not simply prohibited from filing on behalf of a minor child. The petitioner is prohibited from filing on behalf of “any” family-based beneficiary under sections 204(a)(1)(A)(i) and 204(a)(1)(B)(i) of the Act or in accordance with section 101(a)(15)(K) of the Act. “Any beneficiary” includes a spouse, a fiancé(e), a parent, an unmarried child, an unmarried son or daughter over 21 years of age, an orphan, a married son or daughter, a brother or sister, and any derivative beneficiary permitted to apply for an immigrant visa on the basis of his or her relationship to the principal beneficiary of a family-based petition.


The term “specified offense against a minor” means an offense against a minor (defined as an individual who has not attained the age of 18 years) that involves any of the following:
(A) An offense (unless committed by a parent or guardian) involving kidnapping;
(B) An offense (unless committed by a parent or guardian) involving false imprisonment;
(C) Solicitation to engage in sexual conduct;
(D) Use in a sexual performance;
(E) Solicitation to practice prostitution;
(F) Video voyeurism as described in section 1801 of Title 18, United States Code;
(G) Possession, production, or distribution of child ****ography;
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or
(I) Any conduct that by its nature is a sex offense against a minor.