Legal Question in Immigration Law in Arizona

I am recently married to an illegal immigrant. In addition, my husband is a two time felon in the U.S. I've heard that felons are not eligble to apply for their green card/residents alien card etc. Is that true? Also, what is the fastest way, if possible, to apply for my husbands citizenship based on the information above? I just don't know where to start.

My husband is a Tongan national and I am an American citizen. He has been in the U.S. for about 20 years and has 6 children from a previous relationship. He came to the U.S. via American Samoa with a visitors passport, I believe, which has since expired.

Thank You,

Emeline Tuipulotu


Asked on 4/22/10, 9:57 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

He may never be able to become a permanent resident (it's not a citizenship) if convictions make him "aggravated felon" (a term used in immigration law). Not all felonies qualify as aggravated felonies. A attorney has to review his rap sheet and criminal record.

You should consult a criminal immigration lawyer before filing anything with the USCIS. If he applies for a green card while being removable (deportable), he can be deported.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/27/10, 10:09 pm


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