If someone applies for the I-129 can there be a delay or denial if a person got arrested in the past?

Question

I am helping someone fill out an I-129 and there is a question about conviction. My friend got arrested but was never charged (I think it was no contest) will this cause any problems with the application process?

Answer 1

Hrm... if he was never charged, he wouldn't have to put in a no contest plea, which is basically saying "i'm not saying i'm guilty or innocent" but has the same immediate ramifications as guilty plea.  They do this a lot in plea bargaining.

See http://en.wikipedia.org/wiki/Nolo_conten...

You need to find out the reality of his police record, because if you provide false information you're in a world of hurt.

Answer 2

Form I-129 is adjudicated unconditionally. If the beneficiary qualifies for the classification, the petition can be approved. For example, entertainment companies can petition for Mick Jagger using an I-129. Mick Jagger has a conviction for possession of marijuana, but the petition can still be approved.

When he goes to get his visa, that is when he has a problem, and in order to receive the visa, he needs to apply for a waiver of the grounds of inadmissibility from the drug conviction in order to get the visa. Once the waiver is approved, he gets the visa.

Answer 3

No contest is the same as a guilty plea....it is considered a conviction.  Yes, it could cause problems.