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?
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.
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.
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
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