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?
He has been previously charged with domestic violance, battery and strike against his father and his sister, and against my mother, not against me.
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.
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
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.