Will having an overstayed visa prevent my husband from getting his green card? 11 Answers as of August 25, 2011

My husband is in the US on a B2 visa, I am a citizen, we were married 2 months ago and he has not overstayed. He was convicted of car theft in 1998 in his home country when he was 17 years old, and served 3 years probation. Will that prevent him from getting a green card?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
The visa overstay will not prevent him from residence. A morally turpitudinous crime (a theft related offense) is relevant. He should get the certificate of disposition.
Answer Applies to: New York
Replied: 8/25/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
An overstay would not be a problem. We would need to see the certified court documents from his car theft to see if a waiver will be required and analyze the merits of this with you both.
Answer Applies to: California
Replied: 8/22/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
He will need a waiver to overcome the past crime.
Answer Applies to: Florida
Replied: 8/14/2011
Law Offices of Sally Amirghahari
Law Offices of Sally Amirghahari | Sally Amirghahari
Based on your described facts, there are few issues that needs to be looked into and to be discussed prior to filing any petition. I strongly recommend to contact an immigration attorney for an initial consultation regarding these issues. I will be happy to meet with you and your husband if you are in Los Angeles or Orange County area.
Answer Applies to: California
Replied: 8/13/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It depends on the juvenile laws of his country. He may have to file a criminal waiver with his application. Overstaying will not affect his case because he is marrying a USC. You will definitely need to consult/hire an experienced immigration attorney for this case. Let me know if we can help.
Answer Applies to: Nevada
Replied: 8/13/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    He can still get a green card, but will likely need a waiver under 212h.
    Answer Applies to: Texas
    Replied: 8/13/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    The overstay is forgiven under INA section 245(a). You should get all the information regarding the criminal conviction and consult with and experienced immigration attorney to see if it is a ground of inadmissibility requiring a waiver.
    Answer Applies to: Texas
    Replied: 8/13/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The fact that your husband overstays a nonimmigrant visa can impact his case. If your husband intended to marry and remain in the U.S. when he received and/or used his visa, then he had an immigrant intent. This can have serious repercussions including a charge of fraud/misrepresentation and revocation of the visa (i.e. it will be as he never was given a visa). The criminal conviction will also be a problem as it is at the very least a crime of moral turpitude and may also be an aggravated felony. However, the extent of the problem will require a review of the criminal documents.
    Answer Applies to: New York
    Replied: 8/13/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    He will likely need a waiver for the conviction under section 212 (h) of the Immigration Act.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    He is eligible to apply for a green card as your spouse. The conviction does not bar him from getting it because he received it as a minor.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Offices of Sholeh Iravantchi | Sholeh Iravantchi
    His criminal convictions may prevent him from getting a green card. However, the question would be whether he was prosecuted as a minor or not. Bear in mind theft crime is considered a moral turpitude crime, thus placing a person even with a green card in a Removal proceedings. At this point the important question is how he got his conviction and whether this information is available to the authorities. I need more facts about his background in order to asses and give you an appropriate response.
    Answer Applies to: California
    Replied: 8/12/2011
Click to View More Answers: