Can a husband with a criminal record file for AOS for her undocumented spouse?

Asked 10 months ago - Bronx, NY

Hi I'm dating a US citizen and we plan on getting married. But he has revealed me that he was once arrested when he was young for gun possession. I don't know all the details but I am a bit concerned that his record can prevent him for helping me. We already found a sponsor.

Does the USCIS conduct a background on him too? What if they find out? Will he still be able to do the immigration interview and so…? Please I need advice

Thanks a lot.

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . His arrest should not affect your case.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Lindsey Sara Weller

    Contributor Level 11

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    Answered . His arrest should not be a problem when filing for you.

    Ms. Weller's firm is dedicated to the area of immigration and nationality law. Please note the information... more
  3. Irina Alexander Vinogradsky

    Contributor Level 15

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    Answered . It should not be a problem especially if he was a juvenile .

  4. Nelson Antonio Madrid

    Contributor Level 10

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    Answered . USCIS typically does not ask the Petitioner, in this case your husband, about their criminal past; however, they can. If they do ask him about his criminal past he should be truthful. Still, it should not affect your application. Your husband must attend the interview with you in order to prove to USCIS that your marriage is real and that you did not marry simply to obtain an immigration benefit.

  5. Mark Robert Barr

    Contributor Level 16

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    Answered . USCIS will conduction a background check on him, and his criminal record could impact your case in two ways.

    First, if he has any outstanding warrants, then there is always the possibility that USCIS could contact local law enforcement and arrange to have him arrested when he appears for the interview. So, make sure that any criminal issues have been fully resolved before you start the immigration paperwork.

    Second, USCIS will screen for any convictions that fall under the Adam Walsh Act, which would prevent him from petitioning for you, with some extremely limited exceptions. If his arrest/conviction had nothing do with any type of criminal activity against a minor, then he should be fine.

    Best of luck,

    Mark
    Denver, CO

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