QUESTION

Can a ex convict apply to a green card?

Asked on Nov 07th, 2015 on Immigration - Kentucky
More details to this question:
I'm from South America and I'm on vacation here in this month. I date an american ex convict (He did 8 years in jail for rape in 3rd degree and drugs and he still on parole). Today he is goog, he has a clean life, he works, he's a good son...We want a family together. I have a good job and life in my country and I don't want to give up all for to be illegal here in America. We want to get married next year, but I'm afraid. Can he get a green card to me? Is it possible? Will that stop me from getting my green card after we get married? I'm from South America and I'm on vacation here in this month. I date an american ex convict (He did 8 years in jail for rape in 3rd degree and drugs and he still on parole). Today he is goog, he has a clean life, he works, he's a good son...We want a family together. I have a good job and life in my country and I don't want to give up all for to be illegal here in America. We want to get married next year, but I'm afraid. Can he get a green card to m
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1 ANSWER

It will be a difficult case. Without reviewing your husband's criminal record in full, I cannot divide a definitive answer but his immigrant visa petition for you will likely face scrutiny. His conviction may bar him from petitioning for you under the Adam Walsh Act. There is a waiver available but there is not enough information to assess whether the waiver could be sought in this case. I would encourage you and your significant other consult an attorney to get a better picture of The matter.
Answered on Nov 09th, 2015 at 4:56 AM

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