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Can a sex offender sponsor an immigrant?

Junction City, KS |

I met my husband two years ago in England, we got married two weeks ago.
I came to the country under a tourist visa with no intend to stay, but he
proposed to me because he couldn't stand me going away again, so under that
situation. we got married and I stayed.I was supposed to fly back home 5 days ago.
My husband was convicted for 4th degree sexual assault for which he already served time, (60 days commitment) he's currently on probation and he's registered as a sex offender.
My question is if he is eligible to be my sponsor to apply for a visa?
We have proof that our relationship is genuine (letters, money receipts, flight tickets, photos, etc)

Attorney Answers 3

  1. Yes, he is eligible. The challenge has more to do with fiancé visas. You are his wife, so this is not often an issue If he told you the truth.

    In these situations, the USCIS may challenge the relationship by delaying the decision. You should consider hiring a competent and experienced immigration attorney to assist you.

    This is general information, not legal advice, and does not create an attorney client relationship.

  2. Yes, it is doable under the facts you are describing, but having an experienced immigration attorney at your side is a must, for I can guarantee you that USCIS will not make this process easy for you given your husband's past conviction history, due to the very nature of the conviction.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. You shall consult an attorney. Did the sexual assault involve a minor? If yes, under Adam Walsh Act, USCIS can deny relative's petition if the petitioner "poses a risk" to the beneficiary. Although Adams Walsh Act intended to protect children from sexual abuse, the USCIS interprets it to apply to any beneficiary regardless of age. In practice, if the petitioner is required to register under the Megan Law, the USCIS almost always will deny the petition, no matter how unlikely is the risk. The USCIS finding of the risk to the beneficiary is discretionary and not subject to appeal.

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