Can i apply for a green card if my husband is incarcerated?

Asked over 1 year ago - Far Rockaway, NY

It is a ver hard to believe story but i married my now husband almost 2 years ago while in jail. (He is still in until 2014) it is a legit marriage with an age difference of 20 years. Like i said before hard to believe but true! I have the daca law which gives me a ead card for two years. My question is can i apply for a green card if my husband is in jail? I know about the income process but is it possible? If not is it going to be hard when he comes out because of his record?

Additional information

He has a felony (burglary) which happended long ago.

Attorney answers (3)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . It's a tough fact pattern, but you can try...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Alice Antonovsky

    Contributor Level 14


    Lawyer agrees

    Answered . As my colleagues state you have a tough road ahead of you. It is not impossible, but be prepared to defend the bona fides of your marriage. I suggest you meet with an experienced immigration attorney, who will be able to review your situations, review your husband's conviction record and advise you accordingly. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . If he is in jail, you may have a VERY difficult time proving the bona fide nature of the marriage. It is not impossible but you should meet with an attorney who can review the evidence that you would present in support of the marriage. He can be precluded from petitioning for you depending on the nature of his conviction. The attorney will also discuss this with you.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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