QUESTION
How can I legalize my fiance with a criminal record?
Asked on Jun 02nd, 2011 on Immigration - Texas
More details to this question:
My fiancé is illegal; he entered illegally into the United States approximately 7 years ago. When he first arrived, he created a criminal record for himself in theft when he was 18 years old. Since then he has learned his lesson and has only dealt with two more additions to his record which were a minor traffic violation for driving without a license and being held in contempt of court for not appearing before the trial due to fear of deportation. He has paid all the dues and charges against him and is now looking into expungment of his record. What do I do in this situation? I've heard that if he returns to Mexico, we can get a fiancé sort of visa in which he returns and marries within 90 days, but does this apply to him for having a criminal record? What can be done in this situation in order to legalize him at marriage or at least obtain a sort of residency that will eventually lead to citizenship? His name and fingerprints are already in the system. I have no record of any sort and am a born-here United States citizen.
2 ANSWERS
2 Awards
You need to speak with an immigration lawyer. You will not succeed in this by yourself. Depending on the severity of the conviction, he may be eligible for a waiver and still be able to obtain a visa. He is going to need a waiver of his unlawful presence in the U.S., as well. If he leaves the U.S. and does not obtain a waiver, he will not be able to return for 10 years. There are many risks and details that need to be addressed. Call me or a local immigration lawyer for a consultation.
Answered on Jun 06th, 2011 at 12:22 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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A K-1 visa is unlikely to be issued, a K-3 with a waiver is the better option. The approval of the waiver will depend on a hardship to a US citizen relative, you. As a fiance, you are not related and therefore there is no hardship to a qualifying relative.
Answered on Jun 06th, 2011 at 11:08 AM