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Need advice how to re-apply after crime of moral turpitude conviction

Houston, TX |

My husband came to the US on a legal visitors visa. We became married so he has overstayed that visa by 5 years. In those 5 years he received a work permit and INS Social. It has expired and they denied his Green card application citing a signature in the wrong space. for which we were not allowed to correct not to mention the funds were not refunded. We did not have the extra funds to try to do this ourselves again. He supposed to renew his license but could not without a green card. several years and 2 children later. End of last year my husband was caught with a fake driver's license and duplicated social. He was not representing himself as anyone else. He was charged with a Class A Misd. in the state of TX. Will we be able to obtain a green card with a conviction for false driver's

Attorney Answers 4


  1. take all of his criminal dispositions and schedule a consultation with an experienced immigration attorney

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  2. Since it has been several years since you filed the first application and with the intervening arrest and conviction your husband will need to file a new adjustment of status application. You should seek the advice of competent immigration counsel to determine whether the misdemeanor will raise inadmissibility grounds. You should also take all of the paperwork from when you first filed. This will be important for the attorney to determine whether the I-130 visa petition that you should have filed the first time was ever adjudicated. Good luck to you.


  3. Meet with an attorney and take all immigration and criminal paperwork that you have.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.

    You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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