Legal Question in Immigration Law in Ohio

My fiance and I are getting married in Mexico, but my concern is that I have a felony from 2004, I did time in a federal prison, will that effect any of my trying to get my future husband his passport to be here legally?

Asked on 4/05/10, 9:29 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It depends on a crime. Probably, not. After the marriage, you will be petitioning him not for American passport, but for an immigrant visa in his Mexican passport (green card).

More important is your future husband's criminal and immigration background, your ability to financially support and sponsor him, etc.

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Answered on 4/10/10, 9:45 pm
Philip Eichorn Hammond Law Group

Pursuant to section 402 of the Adam Walsh Act, certain offenses are subject to review by DHS prior to granting a visa petition. DHS retains the right to deny a visa petition if the petitioner (you in this case) has been convicted of kidnapping or a sexual crime against a minor child. If you have been convicted of such a crime, you are under an affirmative duty to disclose this to USCIS at the time of filing your petition. Failure to do so can result in federal criminal charges for false statements to government. DHS will determine if you pose a risk of harm to the beneficiary. If DHS determines you do not pose a risk of harm, your petition will be granted (assuming other eligibility and bona fide nature of your relationship).

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Answered on 4/11/10, 7:52 am

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