Can I get a green card if my husband has a felony?

Asked by: Florence Feeney  |  Last update: May 17, 2025
Score: 4.2/5 (4 votes)

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

Can you get a green card if your spouse is a felon?

In theory an alleged felon could sponsor someone for a green card based on marriage. In practice, it will be hard to document joint residence and finances of the couple if he has no ID and lives off the financial grid.

What disqualifies you from getting a green card?

A criminal record can be a significant hurdle in getting a green card. Certain crimes, classified as “inadmissible offenses,” can disqualify you. These include crimes of moral turpitude, such as theft or fraud, as well as drug-related crimes, prostitution, and violent crimes.

Can I get my green card if my husband is in jail?

US immigration law allows spouses of US citizens or lawful permanent residents to apply for a green card, regardless of the spouse's incarceration status. The marriage must be legally valid, genuine, and entered into in good faith (meaning it's not solely for immigration purposes).

Which crimes can be waived to get a U.S. visa or green card?

For Which Crimes Can Someone Receive a Waiver of Inadmissibility?
  • a crime of moral turpitude (CIMT)
  • prostitution.
  • unlawful commercialized vice whether or not related to prostitution.
  • simple possession of 30 grams or less of marijuana.

My USC spouse has a criminal record, can they still file for my green card?

25 related questions found

Will my husband lose his green card if I divorce him?

Potential Effect: If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your naturalization.

What happens if you marry a felon?

The convicted felon can use his or her own conviction and imprisonment to obtain a divorce. Another implication of marriage to a felon is the extent to which the fact of the conviction can become an issue in child custody proceedings.

Can felons get a visa?

Applicants for visas and entry clearance must meet specific character requirements. A felony conviction can raise concerns about an individual's character and may result in a visa refusal or denial of entry.

Can I sponsor my spouse if he has a criminal record?

Criminal Records and Sponsorship

Although their criminal record must be assessed on a case-by-case basis, convicts are occasionally allowed to sponsor family members for visas. If the felony includes drug offenses, immigration fraud, or violent crimes, the likelihood of denial is higher.

Can I become a U.S. citizen if I have a felony?

Permanent Bars Based on Criminal Convictions

You will be permanently barred from obtaining U.S. citizenship if you have been convicted of murder or of an aggravated felony if the conviction was issued on or after November 29, 1990.

How often are marriage green cards denied?

Recent statistics indicate that the denial rate for marriage green cards hovers around 10-20%. In FY 2022, U.S. Citizenship and Immigration Services (USCIS) processed more Form I-130 and Form I-485 applications. Both forms are essential steps in the family-based green card application process.

What is the fastest way to get a green card for Indians?

Employment-based (EB) visas are one of the fastest and most efficient ways to get a U.S. Green Card. The EB-5 Visa is often the quickest route. EB-5 investors can self-sponsor, meaning they do not require a Labor Certification or proof of employment.

Can you lose your green card for a felony?

Immigration officials may deport you or downgrade your status because of a felony. They even may do so for a non-felony conviction. But this can depend on your current status, the type of offense, and the specific facts surrounding your case. Crimes involving "moral turpitude" carry harsh consequences for non-citizens.

Can I own a gun if my husband is a felon?

There are no laws that forbid spouses of convicted felons from possessing a firearm. Therefore, you can own a firearm even if your spouse is a convicted felon.

How far back does an immigration background check go?

The length of time a background check goes back can vary depending on the type of check being conducted. Generally, a standard background check will go back seven years, while more comprehensive checks may go back further.

Can you lose your US citizenship if you commit a felony?

If they commit a felony will this revoke their citizenship? No, once someone has become a naturalized citizen, they have all the rights that other U.S. citizens have. This includes being a permanent citizen, and, according to the law, their citizenship cannot be taken away.

Do felons get passports?

The quick answer is yes, felons in the United States can obtain passports in most cases. However, the process may be more complicated compared to someone without a criminal record.

Can you become a resident if you have a felony?

Under U.S. immigration law, being convicted of an “aggravated felony” will make you ineligible to receive a green card.

Can a felon get a green card through marriage?

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

Does being a felon affect your credit?

Although your criminal record doesn't directly impact your credit score, the financial burden that accompanies legal penalties can result in significant credit damage. Legal fees, court fines, restitution, and loss of income due to unemployment or incarceration can cause you to fall behind on payments.

Can I own a gun if my spouse is a felon Indiana?

Gun laws in Indiana do not expressly prohibit the spouse of a felon from owning a firearm.

How long do you have to stay married to get a green card?

As long as you are in a genuine, legal marriage, there is no length requirement. Marrying a U.S. citizen is one of the fastest ways to get a green card. Even so, it typically takes one to two years for an immigrant to receive a marriage-based green card.

Can a deported person come back legally by marrying a citizen?

Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.