It is from 7 years ago. She was not arrested just questioned. Went to court and plead guilty. We have been married 3 years.
Any contact with the police can impact your wife's application. Some convictions will not automatically bar her adjustment, but could be looked at in the exercise of discretion; others may require a waiver--proving that it would be a hardhship to her family if she were denied her green card. Some crimes--even those that do not result in jail time--can bar a person from ever getting a green card or may end up with her facing a deportation proceeding.
Bottom line, if there has ever been any contact with law enforcement, contact a qualified immigration lawyer BEFORE you file.
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Criminal Defense Attorney
You really need an immigration lawyer to answer this (originally posted under Criminal Defense). It should depend on what the criminal charge was. Different crimes are treated differently for immigration purposes.
Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.
I agree with both my colleagues.
Behar Intl. Counsel 619.234.5962 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.
3 lawyers agree
As others have already stated, if your wife pled guilty to a crime, you need to seek the advice of myself or another competent immigration attorney BEFORE you file your adjustment of status application. Criminal convictions can have very adverse immigration consequences, including deportation (a/k/a deportation). Hope this helps. I can be reached at either (770)955-1785 or (678)576-9394 or via e-mail at email@example.com. THINK IMMIGRATION - THINK BOB BEER