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if spouse is convicted outside...
if spouse is convicted outside US can he still qualify for I-130 ,meaning can the principle applicant call legally his or her spouse even he is convicted of minor crime on I-130?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 1 minute by:
6/9/2010
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Asylum cases usually range about a year to a year and a half, but it varies. The current wait time for someone from Pakistan to come to the USA from an I-130 sponsored by a greencard holder is about 2.5 years.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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Customer reply replied 8 years ago
Relist: Answer quality.
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
I am sorry, I misread your question. My apologies.Who received the conviction - the petitioner in the US or the person overseas?
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Customer reply replied 8 years ago
the person who is overseas petitioner spouse who is out side US?
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
I still do not understand, but in any case, it does not matter if the person who is within the US has a record or not - USCIS doesn't care about this - only if the alien does.The following crimes, however, would have the alien denied a visa::

Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)
The alien must be convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer. Although the conviction must occur within five years of entry, any entry into the United States may be used to support the charge of deportability.

Multiple Criminal Convictions, 8 U.S.C. § 1251(a)(2)(A)(ii)
A conviction for two or more crimes involving moral turpitude at any time after entry would render an alien deportable, so long as the offenses did not arise out of a single scheme, and regardless of whether the alien was confined therefor. Conceivably, two misdemeanor convictions, not arising out of a single scheme, for crimes involving moral turpitude would make an alien deportable under this provision.

Aggravated Felony 8 U.S.C. § 1251(a)(2)(A)(iii)
An alien convicted of an "aggravated felony," as defined in 8 U.S.C. § 1101(a)(43), is deportable. The Immigration and Nationality Technical Corrections Act of 1994 expanded the number of aggravated felony offenses. (Some, but not all aggravated felonies, would also be crimes involving moral turpitude.) Aggravated felonies now include:

1. murder;

2. illicit trafficking in a controlled substance;

3. illicit trafficking in firearms, destructive devices, or explosive materials;

4. money laundering or engaging in a monetary transaction in property derived from specific unlawful activity if the amount of the funds exceeded $100,000;

5. offenses described in various sections of Title 18 relating to explosive materials or firearms;

6. crimes of violence for which the term of imprisonment imposed is at least 5 years;

7. crimes of theft or burglary for which the term of imprisonment imposed is at least 5 years;

8. offenses described in various sections of Title 18 relating to the demand or receipt of ransom;

9. offenses described in 18 U.S.C. § 2251, 2251A, or 2252 relating to child pornography;

10. an offense described in 18 U.S.C. § 1962 relating to investing income derived from racketeer-influenced organizations;

11. offenses relating to owning, controlling, managing, or supervising a prostitution business or an offense described in various sections of Title 18 relating to slavery, peonage, and involuntary servitude;

12. offenses relating to gathering or transmitting national defense information, disclosing of classified information, treason, or intentionally disclosing the identity of undercover intelligence agents;

13. offenses involving fraud in which the loss to the victim exceeds $200,000, or tax evasion in which the revenue loss to the government exceeds $200,000;

14. an offense relating to alien smuggling for commercial advantage;

15. an offense under 18 U.S.C. § 1546(a) which constitutes trafficking in fraudulent documents for which the term of imprisonment imposed is at least 5 years;

16. an offense relating to failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and

17. any attempt or conspiracy to commit one of the above offenses.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













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Customer reply replied 8 years ago
Now i don't understand now i will tell you simply the petitinor is in US his spouse is outside US who wants to come US but he is convicted in his home country of charges of cheque bonus in business traction whose sentence is 03 years in his home country can he come to US on her spouse v-visa?or I-130.?
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
The answer is MAYBE...he has to try, and if USCIS feels his conviction is too serious, they will deny it.
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