My husband was convicted of an DUI and Domestic Assault (It was against a male roommate. I do not know the effects of the altercation or if the other man was charged or not.) in 2006. The DUI he received when he was 20 and spent a night in jail. The following month a few days after he turned 21 he received the domestic assault charge. Since he already had a court date for the DUI, the Domestic Assault charge was added in. He was advised by the county attorney to pled guilty to both, so he did. He paid a fine and was put on 1 year probation for the DUI and had to complete a driving class.
Had it not been for these two convictions in 2006, my husband would qualify for the dream act (his parents are green card holders, his uncle and much older half brother are permanent residents. They are his only immediate family.) He was brought here in 1989 (at the age of 4.) illegally by his parents, and attended all levels of school here - however, no one filed for him at any point that we are aware of. He has never been deported, left or re-entered the country, been in removal proceedings or detained by ice. Will they consider his age at the time of these crimes and the age of the crimes? The only other things that will show up in his records when they do a background check was that he was taken by child services a year before his 18th birthday.
I know we can file for the I-130 petition, and I know he could be barred from the country. I have read about the ULP waviers (I-601a & The traditional I-601 wavier) and wonder what his chances would be filing this way and not being barred even though he has those convictions. Do these convictions absolutely mean he can not file for the DREAM act or that he will be barred even after I file the I-130 petition? (We have two small children, and he has a 10 year old daughter he pays child support on.) If I file the petition and it is a pproved and he is allowed back into the states, do these convictions stop him from ever being able to apply for naturalization?
We are waiting to hear back if we will get a consultation with a lawyer, as she said she had to 'review' his case (after asking me a ton of questions over the phone) and if she felt she could take on his case, she would get back to me to set up the appointment for the consultation.
Had it not been for these two convictions in 2006, my husband would qualify for the dream act (his parents are green card holders, his uncle and much older half brother are permanent residents. They are his only immediate family.) He was brought here in 1989 (at the age of 4.) illegally by his parents, and attended all levels of school here - however, no one filed for him at any point that we are aware of. He has never been deported, left or re-entered the country, been in removal proceedings or detained by ice. Will they consider his age at the time of these crimes and the age of the crimes? The only other things that will show up in his records when they do a background check was that he was taken by child services a year before his 18th birthday.
I know we can file for the I-130 petition, and I know he could be barred from the country. I have read about the ULP waviers (I-601a & The traditional I-601 wavier) and wonder what his chances would be filing this way and not being barred even though he has those convictions. Do these convictions absolutely mean he can not file for the DREAM act or that he will be barred even after I file the I-130 petition? (We have two small children, and he has a 10 year old daughter he pays child support on.) If I file the petition and it is a pproved and he is allowed back into the states, do these convictions stop him from ever being able to apply for naturalization?
We are waiting to hear back if we will get a consultation with a lawyer, as she said she had to 'review' his case (after asking me a ton of questions over the phone) and if she felt she could take on his case, she would get back to me to set up the appointment for the consultation.
