Legal Question in Immigration Law in Pennsylvania

Re: desperate wife

You should assume that the INS knows of your husband's conviction. Furthermore, your husband's situation presents a lot of issues that depend on state law considerations (i.e. the law of the state where he was convicted). As long as he was not convicted of an "aggravated felony" as defined in the Immigration and Nationality Act, his situation, as you presented it, should be resolvable. I highly recommend that you contact and hire an immigration lawyer with experience in immigration litigation and removal defense.

Re: desperate wife

The fingerprints tell everything of course. The domestic violence conviction is considered a crime of "moral turpitude" so it has a moderate effect on your husband's moral character. Using another person's name and SSN hurts him more. The INS is probably deciding whether to put him into removal (deportation) proceedings or not. It depends on their resources. Here in California, he will probably pass the interview and get his passport stamped but in your state, Pennsylvania, the local INS office might have slightly different views.

In any event, even if your husband is placed in removal proceedings, he can renew his I-485 application with the judge and receive his green card there.

Liem Doan, Esq.