I'm looking into applying for my wife's residency, but she has a 3rd degree felony conviction for theft. She is here illegally and I wanted to see if her chances are even favorable with the current situation.
My understanding under Federal Law is that anyone convicted of a crime which carries a penalty of 1 year or more in prison is that they are subject to deportation. Do yourself and your wife a favor and talk to an Immigration lawyer now before you do anything else. In the current climate of America she is not in a good position.
You should consult with an immigration attorney but I can tell you that with a felony conviction she is stands very little to no chance of receiving residency - especially since the felony is for theft 0 - which is considered a crime of moral turpitude. So - felony and moral turpitude - sorry.
I am going to re-tag this as an immigration question. From my understanding, this could be a disqualifying conviction, but check with an immigration attorney to be sure.
Any information provided by Attorney Tristan LeGrande is NOT Legal Advice and does NOT establish an attorney-client relationship. Any answer to a question or other information provided in any form is for informational purposes only. If you need legal advice, counsel, or representation, take appropriate steps to contact an attorney directly by phone or e-mail.
It would be best for you to visit a Board Certified immigration attorney to discuss the waiver that is needed for this type of crime, and also discuss the process which may require an interview at a US consulate, which in turn requires another type of waiver. If she entered legally and then went out of status, we would only need the first waiver.
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