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If a petitioner for a spouse has had an arrest on the record?

New York, NY |

I am about to sponsor my spouse via I-130 - I don't want my spouse to ever find out I was arrested in the past for petit larceny (ACD granted). Do I have to reveal this information? will it affect my spouse's application for adjustment of status?

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Attorney answers 3


Not likely to come up, but it could. I have seen officers inquire as to the USCs criminal history in order to ascertain the extent to which the petitioner and beneficiary were familiar with one another. That said, although I am not a marriage counselor, starting your relationship with secrets is not healthy.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


Don't worry. This is a non-issue. Such a small, insignificant conviction will never be raised or mentioned by USCIS during the interview, nor is it asked on any Form you the USC petitioner will have to fill out. (Of course, if would have been a different story altogether if you the petitioner had been convicted of a sex crime with a minor or felony domestic violence..)

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.


You are not required to disclose this type of an arrest. I agree with Mr. Behar that Adam Walsh Act crimes are the ones that would affect a petition for family members.

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