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I want to file an I-130 but I don't make poverty guidelines and husband has a felony (sentence pending) can he still qualify?

Modesto, CA |

Husband was deported to Mexico 9 months ago. He has a sentence pending for a burglary which is a felony. He is 26 yrs old and was brought to the U.S at the age of 5 and had resided here until his deportation. We've been married 8 yrs and have a child in common and 2 other children one each from previous relationships but all 3 live with me. He has attempted crossing over to the U.S. and got detained twice its been extreme hardship for me and my children. I am currently on welfare but ending it soon. I am employed but don't make enough money for the affidavit of support I-864. I'm about $1000 short for a household of 5. My father said he could be a sponsor would that help? Do I have a chance in getting him a green card? Can he obtain a waiver to be in the U.S while filing paperwork?

Attorney Answers 5

  1. You? Yes you do. Your husband? I would not be so sure. I-130 does not require proof of income only genuine nature of the marriage and of course your eligibility to be a petitioner. Talk to an immigration attorney locally. You will need "heavy artillery" if you are to stand any chance of success. If you cannot afford one talk to "free" people on

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. Your father could be the co-sponsor on the I-864. The immigrant waiver to cure your husband's multiple inadmissibility grounds maybe possible. It depends upon not only a showing of extreme hardship that you and your children have suffered but also his rehabilitation from crime. His repeated attempts to crossing into the country will not help. This process will be long and up hill. But it can be done.

    Sincerely yours,
    Oliver Huiyue Qiu, Esq.
    Tel: 646-820-7658
    Fax: 646-537-2608
    Mailing Address: P.O. Box 1271, Union, NJ 07083
    Office Visit: 5 Penn Plaza, 23rd FL, Manhattan, between 33rd St and 8th Ave (By Appointment)

    (646) 820-7658 Oliver Huiyue Qiu is a co-chairman of American Immigration Lawyer Association's New York City chapter Federal Practice Committee. This response should not be deemed as the creation of attorney/client relationship. Legal advice should be sought with a competent immigration attorney.

  3. I agree with my colleagues. Speak with an immigration attorney to see if a waiver is possible with the prior burglary. Also, your father can help as a sponsor.


    LORIC Immigration Solutions

    Rodrigo Ivan Canido
    Managing Attorney

    3333 Bowers Ave, Suite 130
    Santa Clara, CA 95054
    Tel: 650-279-5933

    The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.

  4. Speak to immigration lawyer about a waiver

    John Lassen 1-877-252-4630

  5. The most difficult issue in your husband's case is not your income level but rather his criminal history. You should not try to handle his case without the assistance of an experienced immigration attorney, preferably one who has handled waiver cases in the country he is from.

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