husband with multiple misdemeanors

O

Omegaglitter-2016

New Member
Hi guys, so I have a general question and was wondering if anyone had any similar experiences or knew something that could help me out.

I'm a U.S. citizen, Now that gay marriage is legal I just married my boyfriend of 9 years. He however is here illegally and has been since he was 8 years old. He was smuggled here by his parents. He is now 31 and we are hoping to get him permanent residence through our marriage. However he has a record. He was a drug addict,from 2001-2006 and has been sober Sonce. Hasn't gotten in any trouble since 2006. He has 2 guilty misdemeanor shoplifting chargers one in 2003 and one in 2005 and 1 bail forfeiture for shoplifting in 2006, all incidents involved items less that 50.00 in value My question is, is he at risk of deportation if we state cos proceedings and even with his convictions could he still be granted permanent residence and how hard is it? Any help or suggestions would be appreciated. Thank you.
 
Omegaglitter-2016 said:
Hi guys, so I have a general question and was wondering if anyone had any similar experiences or knew something that could help me out.

I'm a U.S. citizen, Now that gay marriage is legal I just married my boyfriend of 9 years. He however is here illegally and has been since he was 8 years old. He was smuggled here by his parents. He is now 31 and we are hoping to get him permanent residence through our marriage. However he has a record. He was a drug addict,from 2001-2006 and has been sober Sonce. Hasn't gotten in any trouble since 2006. He has 2 guilty misdemeanor shoplifting chargers one in 2003 and one in 2005 and 1 bail forfeiture for shoplifting in 2006, all incidents involved items less that 50.00 in value My question is, is he at risk of deportation if we state cos proceedings and even with his convictions could he still be granted permanent residence and how hard is it? Any help or suggestions would be appreciated. Thank you.
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Hi Omega,

Please take a look at this website https://www.uscis.gov/green-card/green-card-processes-and-procedures/green-card-eligibility Hope this can provide some information.
 
Since he entered illegally, he's not eligible for AOS right now, and virtually all the potentially available ways for him require leaving the US and re-entering. So the question is more about whether his history will cause him to be denied entry to the US. Does he have DACA (or does his criminal history make him not able to get it)? The easiest route for him would be the DACA-AP route, but that is closing fast as Trump might cancel DACA or AP based on DACA. But even if he can go that route it will require figuring out whether he has a ban due to his criminal history as a ban will deny him entry even if he has AP.
 
newacct said:
Since he entered illegally, he's not eligible for AOS right now, and virtually all the potentially available ways for him require leaving the US and re-entering. So the question is more about whether his history will cause him to be denied entry to the US. Does he have DACA (or does his criminal history make him not able to get it)? The easiest route for him would be the DACA-AP route, but that is closing fast as Trump might cancel DACA or AP based on DACA. But even if he can go that route it will require figuring out whether he has a ban due to his criminal history as a ban will deny him entry even if he has AP.
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He's covered under the 246 (i) provision
 
Oh 245(i); nevermind what I said then. He just needs to figure out whether he has a ban from the criminal history (I don't think those count as CIMTs but I am not an expert), because if he does then he needs a waiver.
 
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