Can I fix my husband's immigration papers even if I committed a felony? 9 Answers as of October 28, 2011

Yes, you can sponsor your husband even with a criminal record.

You can petition your spouse if you have crimes with the exception of certain sexual abuse offenses.

Yes, your criminal history is irrelevant.

There are certain crimes which would make it more difficult for you to petition for your husband. Therefore, we would need more facts before we knew whether they would affect your ability to sponsor him.

The fact that you are a felon does not prevent you from filing a visa petition for your husband. Whether or not he can become a lawful permanent resident depends upon his background and history.

Generally, the U.S. citizen spouse's criminal history does not effect his ability to sponsor you for permanent residence. The exception to this is if your husband has any sexual offenses in his past that would be covered by the Adam Walsh Act. If he has been convicted of a sexual offense in the past, he must demonstrate "beyond a reasonable doubt" that he has been rehabilitated and that he will not offend in the future. This can be a very difficult burden to overcome. There is currently a lot of litigation surrounding cases that are covered by the Adam Walsh Act and our office has had significant experience with these cases.

In general yes. The only criminal convictions that would disqualify you to petition your husband are sex offense against minors.

It depends on the felony, but generally yes, you can petition for him.

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.