Can my fiance get a green card to USA with a criminal past?

Asked over 1 year ago - Richmond, VA

My fiance is a Mexican citizen, I am an American citizen. Unfortunately, 14 years ago when he was in the USA on a work visa, he was charged with a DUI and a breaking and entering. (The breaking and entering is when he was trying to get into his rental home and the roommate had changed the locks). He has been clean and sober for many years and has had no further offenses. I really want him to see my home here in the USA and possibly we can live part time in Mexico, part time in the USA. He is convinced he can never come here....something about signing a paper many years ago which said he wouldn't come back to USA (?) Help please!

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . The answer depends on the precise circumstances of the conviction not described here, as well as the the statute under which he was convicted;

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . Maybe .. you need to take his criminal file (everything in the court file) to an immigration attorney.

    Especially since it appears that he may have been deported which means you should also discuss his immigration 'past' with that lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Wendy Rebecca Barlow

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with my colleagues. He may be able to return. More information is needed to assess his eligibility to receive permanent residence. You should have an experienced immigration attorney thoroughly review his criminal and immigration history.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  4. Michael Hugh Carlin

    Contributor Level 18

    6

    Lawyers agree

    Answered . In order to get a solid answer to your question, you need to consult in person with an immigration attorney near you who is experienced in removal/deportation issues and in the immigration consequences of criminal convictions. You need to go over your fiance's complete criminal history and immigration history. Best of luck to you.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more

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