Can a U.S citizen who is a felon and currently under probation, petition his wife to become an LPR?

Asked over 1 year ago - West Palm Beach, FL

My husband is a U.S citizen, we've been married for over 3 years, we have a daughter together. I came to this country as a tourist at the age of 2 and haven't left since then. My husband has committed a felony and is currently under probation until he finishes paying $6000. He works and supports us. Can he still petition me and can I become an LPR through him?

Additional information

He has been previously charged with domestic violance, battery and strike against his father and his sister, and against my mother, not against me.

Attorney answers (5)

  1. Yunior Pineiro

    Contributor Level 9

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    Best Answer
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    Answered . While it's always necessary to obtain all the facts of each case in order to provide meaningful and proper advice, this much is true: Limiting the scope of your question to whether or not your husband (a US citizen) is somehow precluded from filing a petition on your behalf, the answer is straight forward. Unless he is denaturalized, which is an extremely rare occurrence, the crimes of a USC do not prevent him/her from filing a petition for his/her spouse. The opposite is not true for the beneficiary (person being petitioned). Certain crimes in that situation may in fact preclude a non-US citizen from adjusting his or her status.

  2. Carlos E Sandoval

    Contributor Level 14

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    Answered . His criminal background should not prevent him from filing a petition on your behalf.

  3. Jeffrey Adam Devore

    Pro

    Contributor Level 20

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    Answered . The answer to your question depends upon the specific felony that your husband has been convicted of. Generally speaking, a felony conviction will not prohibit a U.S. Citizen from filing a petition for a family member. However, the Adam Walsh Act prohibits U.S. citizens from filing petitions on behalf of family members if they have been convicted of certain sexual related crimes.

    Consult with an experienced immigration attorney who can review your case in detail and advise you how best to proceed. Based upon your facts, you may also be eligible for benefits under the DACA program.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  4. Dean P Murray

    Contributor Level 18

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    Answered . Yes. The applicant, not the petitioner, is the one who has to have the squeaky clean record. However, I would strongly recommend that you consult an immigration lawyer, whether myself or one of my colleagues. These applications are kept on file in USCIS and can negatively affect any future applications that you submit for an immigration benefit. There is much more to applying for an immigration benefit than completing forms. Unless you have training in immigration law, you are likely not even aware of all the potential pitfalls. An immigration lawyer can protect your interests. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . Yes

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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