Immigration Law

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If I have a felony, can I still apply for my husband to get…

Customer Question
If I have a...

If I have a felony, can I still apply for my husband to get a resident card to stay with me??

Lawyer's Assistant: What steps have been taken? Has any paperwork been filed with the U.S. government?

I was trying to file them earlier today but it had a paragraph about not having any felonies in it... honestly, I'm a bit confused on how to go about it... he is here as a student on a student visa

Lawyer's Assistant: Have you talked to a lawyer about the student visa?

No.... we just thought it would be easier to try to get his residency since we are already married... I just don't know now if it may have hurt his chances because I have a felony...

Submitted: 3 months ago.Category: Immigration Law
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Answered in 5 minutes by:
3/23/2018
Immigration Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,348
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Immigration Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation.

Are you a US citizen?

What was your prior conviction?

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Immigration Lawyer: Nisha Jones,
 replied 3 months ago

Hi, just following up with you, I hope you received my prior message.

If you are a US citizen then yes you can petition for permanent residency for your spouse.

There is nothing in US immigration law that prevents you, the US citizen petitioner, from filing for your spouse based on a criminal record.

There are however certain criminal convictions that can prevent your spouse from being able to obtain residency -- but those refer to his criminal record not yours.

Here's a list of the forms you need to fill out and submit on his behalf:

Form I-130, Petition for Alien Relative
Form I-130A, Biographic Information
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-864, Affidavit of Support
Form I-693, Report of Medical Examination and Vaccination Record
Form I-765, Application for Employment Authorization (optional)
Form I-131, Application for Travel Document (optional)

Other supporting documents you'll also need to submit are:

  • two color photos, taken within the last 30 days, passport style
  • birth certificate, with an English translation if it's not already in English, and
  • required fee for the application and for biometrics


You can find all of these forms and their instructions here:
https://www.uscis.gov/forms

See also:
https://www.uscis.gov/family/family-us-citizens

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Immigration Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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