How can I get a green card? 12 Answers as of September 12, 2011

What are the chances of getting my green card if my husband was in jail for 5 years for robbery without any weapon and he just got out of prison?

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All American Immigration
All American Immigration | Tom Youngjohn
Chances are not that bad, with an experienced immigration attorney. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 9/12/2011
Law Offices of Peter Y. Qiu
Law Offices of Peter Y. Qiu | Peter Y. Qiu
Although one's criminal conviction does not necessarily deprive him or her from petitioning his or her relatives for immigration benefits, I believe that it is in your best interest to consult an attorney who practices immigration law to determine whether your husband may be in a position to file an immigrant petition for you.
Answer Applies to: Illinois
Replied: 9/8/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The only crimes that make a US citizen ineligible to petition their spouse, are child related crimes.
Answer Applies to: Nevada
Replied: 9/8/2011
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Generally, a U.S. Citizen's criminal conviction history will have no impact upon his ability to successfully apply for his wife to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). His criminal conviction history may, however, interfere with his ability to become employed with sufficient income to meet the support obligations in a family-based immigration adjustment of status application - resulting in a need to have a joint sponsor with sufficient income. Additionally, his recent imprisonment may make it particularly challenging to provide persuasive documentary evidence that the couple is living together in a bona fide marriage. It would be wise to engage an immigration attorney to assist with these issues.
Answer Applies to: Georgia
Replied: 9/8/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
If your husband is a U.S. citizen, his criminal history is not relevant to his ability to petition for you unless his crime was one involving sexual abuse of minors in which case he would be subject to the Adam Walsh Act. If his offense was robbery, he is still able to petition for you despite his criminal record.
Answer Applies to: Colorado
Replied: 9/8/2011
    Matthew I. Bernstein, Attorney At Law
    Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
    In a case like this its important to at a minimum, consult with an immigration attorney to review both parties criminal background as well as other factors. Generally speaking, a U.S. Citizens crminial background is not a factor in the filing of a petition on behalf of his or her spouse, but there are some exceptions.
    Answer Applies to: Illinois
    Replied: 9/8/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The fact that your husband has a criminal record will not necessarily impact your ability to receive a green card. I assume your husband will be petitioning for you to receive immigration benefits. USCIS may examine his criminal record to the extent that he poses a danger to you. In limited circumstances, USCIS can deny a petition where the petitioner could be a danger to the beneficiary. However, we would need more details about the criminal conviction to determine what impact, if any it would have on the case. The only other impact will be to your ability to show the marriage was bona fide. While not impossible, it can often be more difficult when a couple lives apart. You may also need a co-sponsor for the affidavit of support if our spouse has not been earning sufficient income to support you.
    Answer Applies to: New York
    Replied: 9/8/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It depends. You should talk to a lawyer with all your facts about your marriage. Your husband has to be the petitioner, but the problem is his credibility is shattered. You really need a lawyer to help you. You are welcome to contact our firm for assistance.
    Answer Applies to: Florida
    Replied: 9/8/2011
    Law Office of Ruby L. Powers | Ruby L. Powers
    If he is the US citizen and you otherwise qualify, you have a good chance. He has to petition for you and then file for adjustment of status. You should consult an immigration attorney for a legal consultation.
    Answer Applies to: Texas
    Replied: 9/8/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    His criminal record is generally unrelated to his ability to petition for you unless they are certain sex crimes or involving minors as related to the Adam Walsh Act. Are you eligible for adjustment of status? Are you currently in lawful status? You do not mention your manner of entry, any immigration violations, etc.
    Answer Applies to: Texas
    Replied: 9/8/2011
    Versfeld & Hugo, LLC
    Versfeld & Hugo, LLC | Leon Versfeld
    I take it your husband is the US Citizen and will be sponsoring you? If so, there maybe a few obstacles to overcome but you should be able to get it done.
    Answer Applies to: New York
    Replied: 9/8/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    Is your husband a U.S. citizen or other status? If he is a U.S. citizen and the marriage is still valid, we would then need to evaluate your immigration history to determine eligibility. Primarily you will need a legal entry (even if overstayed), no serious criminal record yourself, no prior deportations. Best is always to schedule an individual consultation so we can look at the facts of your case.
    Answer Applies to: California
    Replied: 9/8/2011
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