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  #1  
Old 19th October 2008, 12:20 PM
euly29 euly29 is offline
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urgent help!!!!!!!!!!!!!

okay, i use to be on this forum and i have been greatly helped in getting through with my green card. Now I have a friend that have some questions that is complicated for me since my case was a straight forward.

she wants to get married to her boyfriend who had previous felon convictions where he served 10 years. A lawyer said that she could get around that. Now a day after getting her license , he got arrested for possession of a gun in his car and that means he violated his parole . Even if he gets out of this drama, he may still have to serve a year (possible) and she wants to still get married to him. She thinks immigration may waive her since she is pregnant for him and she was not aware of all his wrong doing. they were in a relationship for 4 years now.

Any ideas ?
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  #2  
Old 19th October 2008, 03:41 PM
PraetorianXI PraetorianXI is offline
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Waive what? a felon can not sponsor her Green Card and just because she is pregnant that does not waive anything... and how can she not be aware of his wrongdoing?

What is her immigration story? how did she enter the USA? and why would she want to marry this person? (aside from the green card)
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DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #3  
Old 19th October 2008, 11:23 PM
euly29 euly29 is offline
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I thank you for the response. she knew about the past history but not anything about present. The thing is that the lawyer stated that he could have file for her before he got arrested.

She came here on a visitor visa and it has not expired yet but is here 5 years now. She said she really loves him and she wants things work between them.
Are you saying that even before the arrest it was impossible and the lawyer lied?
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  #4  
Old 20th October 2008, 12:14 AM
PraetorianXI PraetorianXI is offline
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I am saying USCIS will not buy this story IMHO. And that certain crimes prevent an US citizen from sponsoring someone for a GC.

Also that her visitor visa expiration date has NOTHING to do with her legal status... she is here illegally present (as an overstay since the expiration of her I-94).

I think it is a stupid idea to pursue this relationship on her part and things will only be tougher to prove from an USCIS stand point...
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DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #5  
Old 20th October 2008, 02:17 AM
envision envision is offline
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What kind of friend are you? The boyfriend is a loser your friend needs to dump him and try to salvage her own life
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  #6  
Old 20th October 2008, 04:05 AM
Sunshine83 Sunshine83 is offline
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So if a convicted felon wanted to sponsor their spouse they could not do it? Even though they made 125% over the poverty line, paid taxes and stayed out of trouble for years?

That is truly sad.

Sorry to hear about your friend's situation OP.
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  #7  
Old 20th October 2008, 04:14 AM
nscagony nscagony is offline
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Stayed out of trouble for years? I thought he just got arrested for gun possession??
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #8  
Old 20th October 2008, 04:18 AM
Sunshine83 Sunshine83 is offline
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PraetorianXI said " a felon can't sponsor her green card".

I was asking a hypothetical question.

Can United States citizen that happens to be a convicted felon sponsor for their spouse?

Quote:
Originally Posted by euly29 View Post

Are you saying that even before the arrest it was impossible and the lawyer lied?
This is what I want to know also? Did the lawyer lie?

Last edited by Sunshine83; 20th October 2008 at 04:21 AM.
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  #9  
Old 20th October 2008, 10:42 AM
Triple Citizen Triple Citizen is offline
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As far as I know, yes they can. I may be wrong however.

Quote:
Originally Posted by Sunshine83 View Post
Can United States citizen that happens to be a convicted felon sponsor for their spouse?
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S K Ghori
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http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #10  
Old 20th October 2008, 12:03 PM
envision envision is offline
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US citizen felons aren't allowed to vote so it won't be a surprise if they're not allowed to sponsor their foreign spouses.
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  #11  
Old 20th October 2008, 12:06 PM
Triple Citizen Triple Citizen is offline
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You may be right. I had a quick look at the I-130 instructions but did not find anything stoping a felon citizen. Mind you, it was a real quick look.

Quote:
Originally Posted by envision View Post
US citizen felons aren't allowed to vote so it won't be a surprise if they're not allowed to sponsor their foreign spouses.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #12  
Old 20th October 2008, 03:50 PM
euly29 euly29 is offline
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[QUOTE=envision;1973398]What kind of friend are you? The boyfriend is a loser your friend needs to dump him and try to salvage her own life[/QUOTE

There are some things that are very personal and very sticky to get involve in especially when it comes to relationship. how dare you question my friendship?
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  #13  
Old 20th October 2008, 03:57 PM
kasonde kasonde is offline
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Yes they can. A felony can sponsor or find another sponsor if they are not making the required amount. As far the application of form I-130, they can do it.

My husband has felony charges from the past. He spent time in Jail for drug possession. He has also been charged for theft, disorderly conduct and the least goes on and on. Anyway, we got married and filed. I got my green card in 4 mths. At the interview, none of his felonies were even brought up.

So, if your marriage is legit and you have the necessary documents, I believe it can work. It worked for me!
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  #14  
Old 20th October 2008, 04:39 PM
Sunshine83 Sunshine83 is offline
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Thanks for your comment Kasonde.
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  #15  
Old 20th October 2008, 08:58 PM
euly29 euly29 is offline
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Thanks for the comments. I am thinking that the fact that he allegedly committed this new offense, this maybe a factor that will be taken into consideration in a negative way.
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  #16  
Old 20th October 2008, 09:25 PM
envision envision is offline
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[QUOTE=euly29;1973580]
Quote:
Originally Posted by envision View Post
What kind of friend are you? The boyfriend is a loser your friend needs to dump him and try to salvage her own life[/QUOTE

There are some things that are very personal and very sticky to get involve in especially when it comes to relationship. how dare you question my friendship?
That's the difference between the two of us. I don't care how angry my friend gets at me . I'd do everything in my power to steer her away from this loser who without any doubt will end up in prison again. That's what true friends do. Is your friend that desperate for a green card?
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  #17  
Old 21st October 2008, 09:01 PM
euly29 euly29 is offline
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This is my last reply to you. We are surely different and what you do is your business. Yes indeed she is desperate to get her GC even from your husband.
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  #18  
Old 22nd October 2008, 12:35 AM
envision envision is offline
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Quote:
Originally Posted by euly29 View Post
This is my last reply to you. We are surely different and what you do is your business. Yes indeed she is desperate to get her GC even from your husband.
You know you I am right that is why you have nothing more to say So what if she is pregnant? The loser can be a part of his child's life without it's mother ruining her life by marrying the felon. I am a straight male FYI
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