QUESTION

If I left the US with pending criminal drug charges and want to come back to face them five years later, would my wife be able to get a visa?

Asked on Aug 21st, 2013 on Immigration - Texas
More details to this question:
She's European and we married in Europe. If so, would she need a relative of mine to sponsor her?
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4 ANSWERS

Adebola O. Asekun
You should first hire a criminal defense attorney who, must first inquire about the status of the criminal charges and if possible, negotiate with the authorities the terms of your surrender for prosecution. Your wife, if otherwise eligible for a visa should contact the US embassy for visa issuance. But because, your case is drug related, she may be denied a visa if the consular officer has reason to believe that she profited in some way from your drug activities under s.212(a)(C) (ii) INA.
Answered on Aug 23rd, 2013 at 9:16 AM

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First question, are you a U.S. citizen? Second question is what is the purpose of your wife's coming to the U.S. Is she coming for a visit, is she coming to stay a while and would need authorization to work, or is she coming here for good? Third, what is her citizenship? Citizens of many European countries do not need any visa to come to the U.S. temporarily for business or pleasure (no employment permitted). If she is from a country citizenship of which does not come with such a perk, she can request a B1/B2 visa - and the consul will not ask her whether there are criminal charges pending in the U.S. against her husband. However, as a wife of an American (either a citizen or a permanent resident), she will be have tough time convincing the consul that she has no intention to stay in the U.S., to become an immigrant. If you wife would not be able to get a B visa, or if she intends to come to the U.S. for a long time or permanently, you would have to file for an immigrant visa for her (in effect, for a green card) or for a K visa. If you are a U.S. citizen, you have the right to petition the government for an immigrant visa for your wife - regardless of any criminal charges pending against you, or even a criminal conviction. The only problem with your petition that might arise from your criminal trouble is that, if you go to jail, you will not have the income necessary to sponsor an immigrant. If it happens, you will need to find a co-sponsor. Co-sponsor does not have to be your relative; only legal residence in the U.S. and sufficient income/assets are required. Finally, if you are not a U.S. citizen, only a permanent resident, conviction on a drug charge will result in a loss of your permanent resident status. Depending on the circumstances of the case, you might prevail in a fight against deportation - but until you do, you will not be able to sponsor your wife for any visa.
Answered on Aug 22nd, 2013 at 6:21 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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You need to consult with an attorney because your post reveals too many issues. You will not be able to enter the US until you take care of criminal charges.
Answered on Aug 22nd, 2013 at 11:09 AM

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If you are a US citizen or permanent resident, you can petition for your wife's immigrant visa. However, she would be unable to come to the US right away and would have to wait until the petition was approved and then get the immigrant visa at the consulate. You would likely need a Joint Sponsor for income requirement which needs to be a US Citizen or permanent resident.
Answered on Aug 22nd, 2013 at 11:00 AM

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