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I have criminal record. How will that affect my I-864 Affidavit of Support? Immigration.

San Francisco, CA |

I am a citizen/petitioner. I have criminal record for domestic violence and I was told that DV is not a crime under the Walsh Act. How will my criminal record affect my Affidavit?

Attorney Answers 4


  1. If at all, it is not your ability to qualify for an Affidavit of Support that your criminal conviction will affect, but possibly your ability to petition for a foreign national spouse under the Walsh Act. But not if a misdemeanor. Take your conviction record for review by an immigration lawyer.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. A criminal record has no impact on the I-864.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. When you file for a relative, you will have to disclose that you were convicted of domestic violence.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship.


  4. Your criminal record of domestic violence does not impact your ability to provide financial support for the beneficiary. If you have substantial income, you can provide affidavit of support for people who you don't live with which means your domestic violence propensities is not at issue

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