Family based GC - Sponsor is convited during applicatioon processing

A

aztech

New Member
Here is the situation:

1. US citizen applied for married brother immigration in 1998 or so
2. FOreign brother gets processing call from the US consulate, paperwork is submitted during local interview - all is good
3. In the mean time Sponsor's business gets litigated by state

Can the Foreign brother's immigration is in Jeopardy if the US citizien Brother's business is convicted of state crime? The business owned by brother was investaiged by state and found to have committed some financial irregularity and asuch is currently under investigation.

THis became known to the consulate processing foreign brother's immigration and are now holding the case until a judgement comes.

IS ther any rule / law that says that if the sponsor gets convicted of a business crime that he/she cannot file for siblings? or a current application underway can be stopped?

Any help or direction would be great.

I have read all the forms and cannot find anything where it asks for a criminal status of the sponsor - and even if the decision comes out (in court) against the US citizen brother, it is for his business.
 
Some crimes are so serious that the person's citizenship can be revoked. In addition, the sponsor still has to meet the financial requirements; it is quite possible that he can no longer meet that requirement given his alleged crimes are financial and he will be having significant financial issues.

You and he really need to consult both his criminal defense attorney and an immigration attorney.
 
So unless the sponsors' citizenship is revoked - the case cannot be denied. I mean at the end of the day, what is the law - the law does not say anywhere that a convicted US citizen cannot sponsor family members. I think there is some law on filing for aodption if you have been convicted of child molesatation - but nothing for anything else.

I can see the issue of being not able to financially support the family members (if the business is closed, etc) - but then they can always ask for a Co-sponsor and complete the processing.

Not sure why they want to delay this case and on what basis. If the consular is worried about financial ability - ask for a co-sponsor and let the case through. Unless he thinks that the US citizen may end up losing his citizenship - which I am not sure is the case as this is purely a financial litigation nothing to do with immigration or terrorism...

Thanks for your thoughts...
 
A case can certainly be denied. You have been advised that consultations with criminal and immigration attorneys are essential. Failing to do so is foolish!
 
Sure a case can be denied but on what basis?

Conviction alone cannot be the ground....where is the rule/law that says a convicted USC cannot file for their relatives?
 
Case was approved yesterday w/o the need for any intervention - as there was no legal basis for denying this case.

Thanks
 
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