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Can i apply for a green card if my husband is incarcerated?

Far Rockaway, NY |

It is a ver hard to believe story but i married my now husband almost 2 years ago while in jail. (He is still in until 2014) it is a legit marriage with an age difference of 20 years. Like i said before hard to believe but true! I have the daca law which gives me a ead card for two years. My question is can i apply for a green card if my husband is in jail? I know about the income process but is it possible? If not is it going to be hard when he comes out because of his record?

He has a felony (burglary) which happended long ago.

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Attorney answers 3


If he is in jail, you may have a VERY difficult time proving the bona fide nature of the marriage. It is not impossible but you should meet with an attorney who can review the evidence that you would present in support of the marriage. He can be precluded from petitioning for you depending on the nature of his conviction. The attorney will also discuss this with you.

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


It's a tough fact pattern, but you can try...

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova


As my colleagues state you have a tough road ahead of you. It is not impossible, but be prepared to defend the bona fides of your marriage. I suggest you meet with an experienced immigration attorney, who will be able to review your situations, review your husband's conviction record and advise you accordingly. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

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