Can I sponsor my wife if I have a felony?
Asked by: Dustin Durgan | Last update: December 6, 2025Score: 4.8/5 (48 votes)
Generally speaking, the more serious the crime, the less likely you are to be approved as a sponsor. If you have been convicted of a felony, for example, it may be more difficult to get USCIS to approve your
Can a felon sponsor his wife?
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 you sponsor someone for a visa if you have a felony?
Approval: If the USCIS determines that your criminal record does not pose a risk, your sponsorship application may be approved. Request for Evidence (RFE): The USCIS may request additional documentation or evidence to support your case.
Does felony affect immigration status?
A conviction for an aggravated felony can lead to deportation without the possibility of multiple forms of relief, such as asylum or cancellation of removal. Controlled Substance Violations: Any conviction related to illegal drugs can have a direct impact on immigration status.
Can I get a green card if I have a felony?
``After an aggravated felony conviction, you'll be: Permanently ineligible for US citizenship or green card: You won't be eligible for naturalization or a green card. Even applying for these benefits after an aggravated felony conviction constitutes a criminal offense under immigration law.''
Can I Sponsor My Spouse If They Have A Criminal Record?
How long after a felony can you apply for citizenship?
In most cases, they will need to wait for five years after the date of the crime before applying for citizenship, or possibly three years in some situations. USCIS retains the discretion to deny your application if it feels that your criminal record shows that you do not have good moral character.
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.
Can a felon apply for residency?
It is possible to get a green card with a criminal history. However, your chances may depend on if the type of crime you have been convicted of is permissible under United States immigration law. Serious crimes can prevent you from becoming a lawful permanent resident leading to deportation.
Does USCIS check criminal background?
Once it has your biometrics, USCIS will submit the records to the Federal Bureau of Investigation (FBI) for a full criminal background check.
Can a felon get a fiance visa?
If you want to bring your fiancé(e) into the U.S. on a K-1 visa to get married and possibly apply for a green card, and your fiancé has a criminal record, that fact is likely to trigger inadmissibility.
Who is ineligible to sponsor an immigrant?
Those with a criminal history including: Aggravated assault or battery. Child abuse or neglect. Domestic violence.
Can my wife get deported?
Even if you're married to a U.S. citizen, you may still face removal if you've violated immigration laws, have prior deportation orders, or lack legal entry records.
What is a disqualifying criminal history for immigration?
USCIS's definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more.
Can the wife of a felon buy a gun?
People whose partners are convicted felons can legally purchase and own a firearm. You cannot and should not be punished for your spouse's mistakes. Even if you were married to your spouse at the time they committed the crime that led to their conviction, you are still legally allowed to own a gun.
Can I sponsor my spouse if he has a criminal record?
Generally speaking, the more serious the crime, the less likely you are to be approved as a sponsor. If you have been convicted of a felony, for example, it may be more difficult to get USCIS to approve your I-130 petition than it would be if you were convicted of a misdemeanor (or not convicted of any crimes at all).
Can you get a green card if your spouse is a felon?
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 USCIS see expunged records?
In short, yes – immigration can look at your expunged record. Because immigration is a federal process, agencies like the U.S. Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals, and the Department of Homeland Security (DHS) essentially ignore state laws about expungement.
Can a felon get a passport after 7 years?
For some crimes like drug trafficking, a 5-10 year waiting period may be required before getting a passport. This allows for a “cooling off” period to elapse. Other felony convictions don't have defined waiting periods. But typically, the longer it's been since finishing your sentence, the better chances of approval.
Can my husband fix my papers if he has a felony?
Yes, as long as it wasn't a crime involving a minor, it should not be an issue. You should, however, speak with and retain an immigration attorney before moving forward.
What crimes involve moral turpitude?
- Murder.
- Voluntary manslaughter.
- Involuntary manslaughter (in some cases)
- Domestic violence.
- Spousal abuse.
- Child abuse.
- Kidnapping.
- Paternity fraud.
Can a convicted felon get a U.S. visa?
In most cases, individuals with a criminal record will not be eligible to enter the USA unless they have secured a criminal waiver of inadmissibility along with a relevant US visa.
Can you get a U visa if you get married to a US citizen?
Marriage to a U.S. citizen does not affect the application process for a U visa. However, if the U visa holder marries a U.S. citizen, he or she may be eligible to file an adjustment of status application for an immigrant visa.
How long do you have to have a green card before you can apply for citizenship?
The most common path to U.S. citizenship through naturalization is being a lawful permanent resident (LPR) for at least five years.