If I have a bench warrant and an approved I-130 application, will my wife’s visa application be denied at the interview?

I had no idea until last week that a bench warrant was issued on me in my former state of residence about a year ago (I moved out of state about 6i months prior to that). I submitted my I-130 visa application 6 months ago. Today received the approval. I am afraid that they may decline her visa at our interview based on this.

Asked on June 28, 2012 under Immigration Law, New York


Gene Meltser, Esq. / BIRG & MELTSER

Answered 8 years ago | Contributor

they will NOT decline it - your criminal issues have no bearing on her unless the charge involves spousal abuse, domestic battery or child abuse)

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

That will not likely cause a denial. It may require a background check on you and will depend on the charge that issued the warrant.  Typically, they are more concerned with the alien's criminal past and do not investigate the petitioner unless it is a major crime/conviction.

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