QUESTION
Could I bring my wife to US even if I have felony conviction?
Asked on Sep 16th, 2015 on Immigration - Georgia
More details to this question:
I have felony conviction back in 2005 for sexual abuse. Can I still file and get approval fora K3 visa for the woman I plan to marry this year to come to US?
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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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. The short answer is that your felony conviction could be a major problem and you could fall under and the petition denied pursuant to the Adam Walsh Act. 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 situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 21st, 2015 at 3:58 AM
Generally a U.S. citizen may petition for a spouse to obtain immigration benefits regardless of the U.S. citizen's own criminal offense/conviction record. An exception exists for some U.S. citizens whose criminal convictions fall under the terms of the Adam Walsh Act, although waivers may be available for potential disqualifications under that Act. There really is no substitute for engaging an immigration attorney who, after learning all of the relevant facts about you and your fiancee could advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Sep 17th, 2015 at 9:59 AM