QUESTION

Can I bring my husband back under the spousal visa after being deported for a felony charge?

Asked on Sep 01st, 2012 on Immigration - California
More details to this question:
My husband and I have been married for 14 years. He was approved for his I130 in 2000.
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7 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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That all depends on what is the type of felony and what was the sentence.
Answered on Jun 28th, 2013 at 12:50 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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It depends on the felony. We would need to review the certified court records.
Answered on Jun 28th, 2013 at 12:46 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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He might be ineligible. More info is needed to answer this question. Was he living here unlawfully and what felony was he convicted of?
Answered on Jun 28th, 2013 at 12:45 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated and since we do not have all the facts, it is not really possible to answer with complete accuracy. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Sep 12th, 2012 at 2:22 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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It depends on the felony charge and when he was deported.
Answered on Sep 12th, 2012 at 2:21 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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Thanks for your inquiry. The answer to that is that it depends on the offense for which he was convicted. While the question of whether an offense is a misdemeanor or a felony may be important, the question of the nature of the offense is most important in attempting to determine whether someone will be eligible for immigration benefits or rendered ineligible for such benefits as a result of their criminal history. Certain "waiver" are available" for individuals convicted of certain offenses and in the context of your case which appears to be a US citizen applying to bring her spouse to the US. My advice would be to schedule an appointment with an attorney and bring all of the criminal records that you can obtain. A knowledgeable attorney should be able to figure out whether the conviction will create an issue with your spouse's application for immigration benefits and if so, whether a waiver is available to get around that problem. Keep in mind that these cases are never easy and using an experienced attorney is going to save you a lot of time and money. Most importantly, finding someone who will speak frankly with you and give you the likelihood of success is key. You do not want to spend your resources hiring someone who says that an application for a benefit can be filed only to learn later on that the lawyer sold you a bill of goods and had you and your spouse file applications that were going nowhere from the beginning.
Answered on Sep 12th, 2012 at 2:21 PM

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It may be possible if he qualifies for a waiver. His criminal record as well as deportation records, your married life, finances, backgrounds, etc. need to be carefully reviewed by an immigration attorney such as myself or another of your choice to see if anything can be done for your family.
Answered on Sep 12th, 2012 at 2:20 PM

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