Can my husband fix my papers if he has a felony?
Asked by: Mylene Cassin DDS | Last update: April 18, 2025Score: 4.9/5 (39 votes)
In general yes. The only criminal convictions that would disqualify you to petition your husband are sex offense against minors.
Can my husband petition for me 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 sponsor my wife if I have a felony?
The answer to both of your questions is - YES. First Question - A convicted felon is allowed to be a co-sponsor and there is no disqualification as long as the financial, age and citizenship requirements are met. Second Question - A co-sponsor does need to report a change of address.
How does a 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 you get a green card if you marry a felon?
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).
Filing for Spouse with Felony (Immigration)
What happens when 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 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.
Can a green card holder be deported for a felony?
There is no statute of limitations in immigration law6; almost any offense, at any time, can trigger deportation proceedings. Frequently immigrants such as green card holders are charged as deportable on the basis of a decades-old conviction – long after any criminal sentence has been served.
Do felons lose their citizenship?
In general, a person will not lose their citizenship if convicted of a crime after they are naturalized. But it is possible to face civil “denaturalization” and removal from the country if the government can prove you lied about a crime committed before you became a citizen.
Can a US citizen with a felony get a passport?
Most convicted felons in the US can obtain a passport after completing their sentence. That said, certain felony convictions can still disqualify you from getting a passport. Other reasons for being denied a US passport include failing to pay child support or having significant outstanding federal tax debts.
Can I lose custody for marrying a felon?
Dating someone with a felony conviction doesn't automatically mean you will lose custody, but it can complicate the case. The judge will need to carefully weigh the potential consequences of this relationship on the child's well-being.
How far back does the USCIS background check go?
Usually this is the five years before you applied, or three years if you're applying for citizenship on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.
Can a felon marry an illegal immigrant?
Marrying an Undocumented Immigrant with a Criminal History
A variety of criminal offenses can be grounds for inadmissibility. Any person with past arrests or immigration violations should speak to an immigration attorney before submitting any USCIS form.
Do I need a lawyer to petition my husband?
The process of petitioning for your spouse can be a bit difficult, but with the proper legal support you can be sure that you will be able to file your case without any problems, so you can have the opportunity to start a new life with your partner in the United States.
What can disqualify you from immigration?
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.
What are the cons of being a felon?
- You can't travel, but you also can't find a home. ...
- You can't vote. ...
- You can't serve on a jury. ...
- You can't get public benefits. ...
- You can't get a job.
Can felons get a green card?
You may be barred from applying for a green card if you've been convicted of a dangerous crime under United States federal law. Among the serious criminal convictions that are considered aggravated felonies are: Murder. Rape.
What rights do you lose if you are a felon?
Potential Consequences of a Felony Conviction in California
From the loss of voting rights and firearm ownership to employment challenges and parental custody issues, the ramifications of a felony can be both profound and long-lasting.
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.
Can deported felons return US?
The fact that you were ordered removed and that you left the U.S. – whether through deportation or on your own – makes you ineligible for a visa for a certain period of time. The general rule is that if you are deported, you are not eligible to return to the United States for 10 years.
What crimes involve moral turpitude?
- Murder.
- Voluntary manslaughter.
- Involuntary manslaughter (in some cases)
- Domestic violence.
- Spousal abuse.
- Child abuse.
- Kidnapping.
- Paternity fraud.
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.
What is the 4 year 1 day rule?
You must spend at least four years and one day physically present in the United States before reapplying for naturalization.
Does USA jobs hire felons?
People with criminal records are eligible to apply to most federal jobs, however there are some exceptions. You may not be eligible for certain federal jobs because specific statutes or laws prohibit employment depending on the crime committed.