QUESTION
Can a convicted felon petition for a spousal visa?
Asked on Oct 21st, 2012 on Immigration - Colorado
More details to this question:
My fiance and I are planning to get married and then apply for the spousal visa but we are concerned it may get denied. He has two drug convictions (he had small amount for personal use 10 years ago), one domestic violence charge (he pushed his ex) and got a 7-year sentence for felon with a weapon when he was pulled over and a gun was found in his car. Will this be grounds to deny our spousal application?
3 ANSWERS
Bankruptcy Attorney serving Los Angeles, CA
at
The Law Offices of Amy Ghosh
Update Your Profile
If he is already a citizen there will not be any problem whatsoever.
Answered on Jun 26th, 2013 at 9:59 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
You did not say which one of you is a U.S. citizen. Considering that your fiance is still here after all his convictions, it seems a safe bet that he is an American. If so, his convictions do not matter: they do not disqualify him as a petitioner for his wife. If, however, you are a U.S. citizen, and your fiance is an alien who was not deported after serving his sentence, the situation is different. After you marry him, you can petition for his visa, but it will serve no purpose because his criminal record makes him inadmissible to the U.S. (which means that he cannot enter the country on any visa and cannot become a permanent resident here).
Answered on Oct 24th, 2012 at 2:11 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
If your spouse is a US citizen, the criminal record will not prevent him from filing an I-130 petition for you.
Answered on Oct 24th, 2012 at 2:10 PM