Can I sponsor my husband if he came here illegally and has a domestic violence offense against him? 3 Answers as of October 28, 2011

I would like to sponsor my husband that came illegal and fingerprinted on his attempt to enter 10 years ago. We have been married 5 years now and I'm a citizen. We also have a child. He recently got arrested for domestic violence first offense. Can we still go through with the petition?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It depends on the manner of entry 10 years ago, if he was deported or not. Come and see us for a detailed conversation.
Answer Applies to: Nevada
Replied: 10/28/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your husband has to factors against him. First, he entered the country illegally so he would likely need to return to his native country and process through the U.S. Embassy/Consulate. Second, the domestic violence charge is serious. It could lead to him being ineligible for immigration benefits. Even if he is still eligible, it will be a factor against him. It is best to retain an experienced attorney to handle both the criminal matter and immigration matter.
Answer Applies to: New York
Replied: 10/6/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Lots of issues to sort out here but first of all have him get a good criminal attorney and try and get the domestic violence charge either dismissed or reduced to a charge without immigration consequences. Then consult an immigration attorney.
Answer Applies to: California
Replied: 10/6/2011
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