Husband is trying to file I-130 but he doesn't have a job and he's facing criminal charges; so can he still file the form?

Asked 12 months ago - Fairfax, VA

married since july 2010. have a child together whose 8 months, he was born in argentina. i'm currently living in Argentina with our child. trying to do paperwork so our son and i can return to the u.s.a. husband is u.s. citizen age 22 years as am i.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . He can file an I-130 for your and your child. It is your character that is an issue in immigration proceedings, not his.

    Please click the link at the very bottom for additional information.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Pablo Husayn Nossa

    Contributor Level 17

    2

    Lawyers agree

    Answered . You and your husband are USCs? When did you become citizens? Your child may have been born a USC if either one of you were USCs at the time of your child's birth. If that is the case, then there is no need to file an I-130, rather you would file for a certificate of birth abroad.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more
  3. Aggie Rachel Hoffman

    Contributor Level 17

    2

    Lawyers agree

    Answered . Anyone can file a form. Your question likely is whether the visa petition (I-130) will be approved. At the I-130 stage the question is the relationship between the parties, and in the case of the marriage, evidence that it is bona fide and not merely for immigration purposes. However, since you are outside the country, the subsequent consular process will require an Affidavit of Support from your husband to demonstrate that he can support you. If he is convicted and & incarcerated, he will be unable to get a job and provide the required financial evidence. You need to strategize with an immigration attorney and your husband needs a good criminal defense attorney to assure that your immigration will be successfully completed.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It... more
  4. Jeff L. Khurgel

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Issues to discuss with your attorney: whether the Adam Walsh Act applies here; whether the child is already a U.S. citizen and how to apply for a CRBA; affidavit of support requirements in regards to the financial issues. Best of luck.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more

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