can i get a green card if my husband has a felony

Secure .gov websites use HTTPS If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as an immediate relative. USCIS also has the discretion to deny a green card application for other crimes, such as if the person committed an aggravated felony, such as rape, sexual abuse of a minor, certain money laundering offenses or murder. Depending on the type or severity of the crime, you may be allowed to file a waiver on two bases. It was re-assuring to hear from her over and over, during the process that "I will want your case or petition to be successful.". Copyright © 2009 - 2020 SGM Law Group | Privacy Policy | Disclaimer | Practice Limited to Immigration & Nationality Law, U.S. marriage-based green card application, Aggravated felonies as listed by the federal Immigration and Nationality Act, inadmissibility on past criminal activities, The illicit trafficking of firearms or destructive devices, Theft or Violence with imprisonment of up to one year, Gambling, racketeering of up to a year imprisonment, Human trafficking, transporting and managing for prostitution, Being convicted for prostitution or crime related to prostitution, If you were convicted for being in possession of fewer than 30 grams of marijuana. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 … Other crimes, while they are felony convictions, does not have much effect on admissibility. While you may also submit it while your application is pending or after your green card interview, it is usually better to file a waiver with your I-485 to avoid delays. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. This process can get more complicated if an applicant has been involved in certain crimes in the past, especially if they were convicted. You may also submit a G-1145 E-Notification with the waiver to be able to keep track of the process. We will examine your case and determine the best way to approach it. The best thing is to let an immigration attorney help you gather evidence and file your petition. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. In many cases, those who refuse to declare their past criminal history are caught through other means.

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