QUESTION

My husband has a record of 3rd degree burglary 7 years ago am I going to have any problems when applying for green card?

Asked on Jan 15th, 2013 on Immigration - New York
More details to this question:
If yes, does he need to show proof of anything? Like a deposition letter or something? Please help!
Report Abuse

7 ANSWERS

If your husband is a U.S. citizen, his criminal record does not disqualify him from filing an immigrant petition for you. What's important is that *you* don't have any convictions. But if your husband is a permanent resident, don't let him file I-130 petition for you *or any other documents with USCIS* until he gets a consultation with an immigration attorney.
Answered on Jan 17th, 2013 at 1:27 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
I am assuming that your husband is a U.S. citizen. His criminal record will not have any effect on your petition for permanent residency. Only your criminal record, if any, will be looked at.
Answered on Jan 17th, 2013 at 1:27 PM

Report Abuse
Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
Update Your Profile
The government will want to review the certified court disposition and complaint. Depending on the penal code language of the charge and the allegations admitted, it can be an inadmissible offense. An attorney needs to review the documents to confirm and fully answer this question.
Answered on Jan 17th, 2013 at 1:26 PM

Report Abuse
Adebola O. Asekun
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

Report Abuse
Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
Update Your Profile
Yes, you will have huge problems. All immigration questions are complex, fact-intensive and no definite answer can be given without meeting you in person and going over all of your life history and documents. A competent immigration attorney can help you apply for the relief you qualify for under the law and make sure your USCIS applications are the right forms done the right way.
Answered on Jan 16th, 2013 at 9:00 PM

Report Abuse
Robert E. West
Your husband is most likely inadmissible to the us. He may be eligible for a waiver of that crime but you need to discuss with an immigration lawyer.
Answered on Jan 16th, 2013 at 8:55 PM

Report Abuse
Immigration Law Attorney serving New York, NY
Anytime there is interface with law enforcement, particularly something as serious as burglary, you should hire counsel.
Answered on Jan 16th, 2013 at 8:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters