Can I petition for my spouse if I have a criminal record?
Can I petition for my spouse if I have a criminal record?
If you need assistance with your immigration status in San Diego, California, call us today at (619) 746-8879
If you, the petitioner, have a criminal record and you want to sponsor your spouse for a Green Card through a marriage-based petition, the crime for which you were convicted will determine if you are eligible to petition for your spouse. There are some crimes that will not be a problem but others may make it impossible to be approved.
The USCIS (United States Citizenship and Immigration Services) will want to know what has the interaction with the law been for the US citizen sponsor and the spouse seeking a Green Card so background and security checks will be done.
What crimes will make you ineligible from immigrating your spouse?
The Adam Walsh Child Protection and Safety Act was passed in 2006 and is now part of the Immigration and Nationality Act. Here, specific offenses against minors that will most likely make you ineligible from sponsoring a spouse that seeks a Green Card are stated. These offenses are:
- Solicitation of a minor to engage in sexual conduct or practice prostitution;
- Use of a minor in a sexual performance;
- Production, possession, or distribution of child pornography;
- Kidnapping or false imprisonment (unless committed by a parent or guardian);
- Video Voyeurism;
- The use of the internet to attempt or facilitate a criminal sexual conduct involving a minor.
We understand that this process and everything that has to do with immigration can be confusing and hard to understand which is why we advise you to seek help and guidance from professional immigration lawyers in San Diego, California. An attorney will not only have the knowledge necessary to avoid making mistakes but also to show you all of the immigration options you have, as well as other benefits.
Kannan Law is a law firm that specialized both in criminal defense and immigration in San Diego, California and we are ready to revise your options if you have a criminal history and will like to sponsor your alien spouse. Contact us today for an appointment!
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I would like to know if someone I want to sponsor who has a criminal record can get a green card after marriage.
Hello Ann-Marie and thank you for your question! You can read more about this topic here: https://san-diego-abogado.com/en/i-have-a-criminal-history-can-i-immigrate-to-the-us/ and https://san-diego-abogado.com/en/get-your-i-751-approved-with-criminal-history/ . If you have further questions, you can contact us at (619) 746-8879.
If someone is currently filing for permanent residence as a family petition through his wife, but they are separating will that affect him? Will that make him ineligible to keep going through his process or what can he do in this case?
Hello Guadalupe! If you have questions about your Green Card, please call us today at (619) 746-8879.
I am a U.S. Citizen with drug possession convictions, a vandalism misdemeanor and a domestic violence felony conviction. These happened more than 20 years ago. What are my chances of sponsoring for a K-1 visa?
Hello Taylor, thank you for your comment! Please call us at (619) 746-8879 so that we can speak privately about your situation and let you know what the best next steps are for you. Have a great day!
Taylor were you able to sponsor?
My fiancé has a long list of A&B, intimidation of a witness, assault with a deadly weapon, breaking and entering, drug possession etc from a few years back. No convictions that fall under the Adam Walsh protection act. He has since changed his life completely, has been sober for over 2 and a half years, went to college etc but we are worried his past will prevent him from sponsoring.
I just came to know that the person I am in love for the last 7 months has an aggravated battery and other federal felonies such as sale of drugs against her. She has completed her sentence and is trying to live a better life now. If I get married to her, she can petition for my Green Card? Or is that gonna effect the petition?
Hello Robin, thank you for your comment! Please call us at (619) 746-8879 so that we can speak privately about your situation and let you know what the best next steps are for you. Have a great day!
I had a simple assault charge with my male roommate 35 years ago ended being a 100.00 fine
Marijuana cigarette charge in California in 1977
And I think 86
And a simple assault that was dropped in court in around 35 years ago
Will this keep me from being able to Sponcer my fiance for a k1 visa I have never had anymore problems this is all
Hello Glen! If you have questions about sponsoring your fiancé, please call us today at (619) 746-8879.
My finance in the USA committed fraud 15 years ago and be conviction for one month for the act is try file a K1 visa for me, is that gonna effect the petition?
Hello Chioma, every case is different, so to best answer your question, please call us today at (619) 746-8879.