Can someone with a felony become a citizen? 3 Answers as of June 10, 2011

I am common-law married for 6 years and I am a citizen and we have a daughter. Can he get residency if he has a felony from 12 years ago?

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You have not given enough information for a good legal analysis. First, getting legal residency is not the same as becoming a citizen. You have used both terms, so it is not clear what you are asking. Second, there is an issue of whether you do, in fact, have a common-law marriage. You have not mentioned the state where you live. Marriage is a matter of state law. Many states have abolished common-law marriage and now require some form of license and ceremony. Third, there is the issue of your husband's immigration status. Did he enter legally, is his status still legal, has he violated his status, has he overstayed, is he now in prison, has he been deported? Finally, the type of felony makes a difference. Crimes of "moral turpitude" are regarded most harshly. You need to discuss all these matters with an experienced immigration attorney, in confidence and not on an internet forum.
Answer Applies to: Washington
Replied: 6/10/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
It is possible to obtain residency even if you have a felony. However, it will be critical to analyze the type of offense committed. Consult with an immigration lawyer before filing anything. Best of luck.
Answer Applies to: Texas
Replied: 6/10/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Common law marriage is not recognized, so you can't.
Answer Applies to: Florida
Replied: 6/9/2011
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