How can I fix my husband's immigration papers if he has a misdemeanor? 15 Answers as of November 30, 2011

It depends on what type of misdemeanor for what offense, etc. Also, did your husband enter the US lawfully or unlawfully? If he entered the US unlawfully, even without a misdemeanor, he is not eligible to adjust status within the US under the current immigration laws. He would have to go outside the US to consular process for an immigrant visa in his home country but departing the US will cause him to trigger an automatic 10 year bar to reentry. This can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.

You would need to know: 1. ) whether your husband has a conviction under the immigration law definition of conviction; 2.) if yes, whether the offense for which he was convicted renders him inadmissible; and 3) if yes, whether the ground of inadmissibility is waivable. State law and immigration law are different; something can be dismissed under state law and still be a conviction under immigration law. A misdemeanor under state law might still pose a problem under immigration law. An attorney needs to examine the complete court record in order to make a determination.

It depends upon the misdemeanor charges he was convicted of violating. Some criminal offenses require a waiver, while others will just require your husband to show positive equities in the United States. Typically, one misdemeanor offense does not bar a person from receiving adjustment of status. However, you and your husband should consult an attorney before filing any petitions. It would also be important to know how your husband entered the United States, because if he entered the country illegally or with certain visas (i.e. K-1 or crewman visa), he may not be eligible to adjust his status. His method of entry may be a bigger problem than the conviction.

Depends on whether he entered legallly or illegally and what the crime is. If he entered legally, and you get married to him, he can remain in the United States and apply for permanent residence on the basis of the marriage. He must demonstrate that he entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. He files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, he is entitled to work authorization and travel permission. However, certain crimes may make him ineligible for permanent residence. Other crimes make him ineligible, but there may be a waiver available. We would need to know more about the crime to determine the best option available. If the case is approved, he will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marraige is still valid. If approved, they will issue him a 10 year unrestricted permanent resident card. If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. The same analysis as above applies to his crimes. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.

Some misdemeanor convictions will not present a problem, if the single misdemeanor is the only conviction. Other misdemeanor convictions, even if a single offense, may cause a problem that will require legal counsel to seek post conviction relief (often reopening the case to vacate the conviction and replace it with a different conviction that won't cause immigration problems), or a waiver, if a waiver is available for that conviction. Competent legal counsel should be able to determine a viable course of action, if any exists. Be prepared to provide counsel with certified copies of the disposition of the case, and copies of all relevant documentation pertaining to the arrest and conviction, as the attorney will need these documents to perform any review and analysis of the case, and providing counsel with these documents will save you money and time.

It may be possible but criminal immigration is very fact specific. You need to have your case looked at by an immigration attorney.

It depends on the type of crime involved. For example, if there is a misdemeanor drug offense for something other than 30 grams of marijuana, then there is no waiver available.

Perhaps, but more information is needed about the misdemeanor. In addition, more information is needed about how your husband entered the U.S., when, or whether he was ever petitioned directly or indirectly in the past.

It depends on the specifics of your husband's conviction. You should consult with an experienced immigration attorney who has a change to review your husband's record and make sure that he otherwise qualifies for status through your marriage.

He should be able to. But it will help if your husband came with a visa. If not, I hope he is grandfathered under section 245i. If not, then it will be a long process but still possible.