If your husband is a US citizen, his criminal past ordinarily should not affect an I-130 petition should he file one for you. But, if his criminal history involves a record of violent acts including sexual and non sexual abuse towards children and or family relatives, it is doubtful DHS will approve your petition despite his US citizen status. If he is only a green card holder, not only will DHS not approve an I-130 he files for you, ICE may in fact start deportation proceedings against him based on his burglary conviction. Both you and your husband need to consult with an immigration attorney whom you should provide all necessary background information about your case. Based on my experience with this type of case, you should not have him file anything for you with CIS until he has provided you and a lawyer every information about his past.
Answered on Jan 17th, 2013 at 1:26 PM