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Can my fiance get a green card to USA with a criminal past?

Richmond, VA |

My fiance is a Mexican citizen, I am an American citizen. Unfortunately, 14 years ago when he was in the USA on a work visa, he was charged with a DUI and a breaking and entering. (The breaking and entering is when he was trying to get into his rental home and the roommate had changed the locks). He has been clean and sober for many years and has had no further offenses. I really want him to see my home here in the USA and possibly we can live part time in Mexico, part time in the USA. He is convinced he can never come here....something about signing a paper many years ago which said he wouldn't come back to USA (?) Help please!

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Attorney answers 4


Maybe .. you need to take his criminal file (everything in the court file) to an immigration attorney.

Especially since it appears that he may have been deported which means you should also discuss his immigration 'past' with that lawyer.

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.


The answer depends on the precise circumstances of the conviction not described here, as well as the the statute under which he was convicted;

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.


I agree with my colleagues. He may be able to return. More information is needed to assess his eligibility to receive permanent residence. You should have an experienced immigration attorney thoroughly review his criminal and immigration history.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654,, The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


In order to get a solid answer to your question, you need to consult in person with an immigration attorney near you who is experienced in removal/deportation issues and in the immigration consequences of criminal convictions. You need to go over your fiance's complete criminal history and immigration history. Best of luck to you.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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