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