my future husband (us citizen) has a criminal record

kate07

Registered Users (C)
Hi,everyone! i'm going to get married to my boyfriend and file for a green card as a relative of a us sitizen, but my husband to be has a criminal record (felony c) in 2006, is it going to have an impact on green card obtaining prosess, thanks everyone, legal advice will be especially useful.
 

TheRealCanadian

Volunteer Moderator
Does it really matter? He is the citizen. He is not adjusting status. I thought all he needed is to show that he can support his wife, or find a co sponsor.
I could be wrong though.

If the US citizen sponsor has been convicted of certain crimes involving violence against women or children, he may not be eligible to sponsor anyone. That's why there is no more Direct Consular Filings of I-130s; they all need to go through USCIS so that the US ctizien can undergo a criminal records check.
 
If you are hiding something "not disclosing it" under the "secrecy" of a public forum, the it probably was something bad enough to prevent him from sponsoring you :rolleyes:
 

asPapi

Registered Users (C)
I do not think that a felony conviction of a USC necessarily bars him/her from sponsoring his/her own spouse.

Unless your husband who is the U.S. Citizen has been convicted of Immigration Related crimes such as entering into marriages for the purpose of evading immigration laws and/or crimes that involve moral turpitude i.e. prostitution or human trafficking, then I do not think this conclusively bars him/her from you for Permanent Residency.

It may be a factor in the case.

Final determination rests with the USCIS. If you are unsure I would consult an Immigration Attorney.

A criminal record does not alone necessarily prevent you from receiving Immigration Benefits and neither does it bar you from sponsoring your own spouse.
 

asPapi

Registered Users (C)
Thanks for the link. The Section in question is an excerpt from the Adam Walsh Child Protection and Safety Act of 2006 and is highlighted below.

This applies when the individual seeking an immigration benefit is a convicted sex offender. and is applied in conjunction with INA: ACT 204 - PROCEDURE FOR GRANTING IMMIGRANT VISAS


"SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED.

(a) Immigrant Family Members- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended--

(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as provided in clause (viii), any';

(2) in subparagraph (A), by inserting after clause (vii) the following:

`(viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.

`(II) For purposes of subclause (I), the term `specified offense against a minor' is defined as in section 111 of the Adam Walsh Child Protection and Safety Act of 2006.'; and

(3) in subparagraph (B)(i)--

(A) by striking `(B)(i) Any alien' and inserting the following: `(B)(i)(I) Except as provided in subclause (II), any alien'; and

(B) by adding at the end the following:

`(I) Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.'.

(b) Nonimmigrants- Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), is amended by inserting `(other than a citizen described in section 204(a)(1)(A)(viii)(I))' after `citizen of the United States' each place that phrase appears.
"


In the circumstances the OP has described, that of husband/wife with the husband being the USC with a felony and assuming this is not a sexually related felony directed at a minor and that the Alien Spouse is over 18, then I would say that there is nothing here that says that the USC husband cannot petition for his Alien Spouse.

Here is the question to the OP.
Is the felony your husband was convicted of a sexually based felony?
If yes, was the victim a minor?
If yes, are you a minor, as in are you under 18?
If yes, he may have a problem petitioning for you.

If you are over 18 and the Secretary of Homeland Security believes that he poses no threat to you, the spouse, then you may be ok.

As always, consult an a competent Immigration Attorney if you have legal questions that you need answered. This is not intended as Legal advice.
 

kate07

Registered Users (C)
Thank you everyone, I got a lot of useful information. So as far as i understand my boyfriend can pettition for me as long as he's not sex offender. ( thanks for the legal link) I hope you're right. His felony is for signing and cashing his exgirlfriend's checks without her knowledge after they broke up. He is on probation right now, should we wait for his probation to be over to get married and file for my GB or we can do it even with him still being on probation?
And i also know we need tax returns for the last 3 years, we have only 2(since whole year 2006 he was in jail),does it automaticly mean we need a cosponsor?
I consulted a lawyer, he said it's all fine, but i don't trust lawyers that much(know some cases when they were wrong). To get some information from someone who had a similar case would be more reassuring.
 
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