QUESTION
Can my U.S. citizen husband apply for an Immigrant visa for me if he is in prison and on death row?
Asked on Apr 13th, 2014 on Immigration - Texas
More details to this question:
I know that my husband being in prison does not necessarily mean he cannot apply for an Immigrant visa for a spouse of a U.S citizen, for me as long as we have a co-sponsor. But my only question is: My husband is on death row, can he still file for the visa or not?
2 ANSWERS
Adebola O. Asekun
Yes, your husband can certainly file a Form I-130 petition. If you are physically present in the US and was admitted with a visa even it it has expired, you can concurrently file your I-485 green card and work authorization at the same time, The process should take about 6 months With regards to your joint interview, you may request DHS to designate a CIS officer close to the place of detention and you will be interviewed by the CIS officer at his prison.
Answered on Apr 17th, 2014 at 6:30 AM
Bruce A. Coane
Assuming the marriage has been consummated, their is no law prohibiting a death row inmate from filing a visa petition. That's not to say it would be approved, but he certainly can file.
Answered on Apr 14th, 2014 at 2:13 PM