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Immigrant Visa/Green Card
| Q1. | Will a criminal conviction prevent me from obtaining a green card? What if I only want a temporary visa?
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| A1. | Below are common reasons that make a person ineligible for admission into the United States and therefore ineligible for a green card or a temporary visa.
| - | Health Related Factors
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Generally, someone who is found to have a communicable disease of public health significance, such as HIV or Aids, is ineligible to apply for U.S. citizenship or a temporary visa.
Also, someone who is found to have a physical or mental disorder that poses a threat to public property, safety or welfare will not be eligible for a green card or a temporary visa.
A person who is found to be a chronic drug abuser or addict will also be prevented from entering the United States.
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| - | Economic Factors
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A person, who in the opinion of the immigration or consular official, that is likely at any time to become a "public charge" is not eligible to enter the United States. A public charge is defined as a person who by reason of poverty, insanity, disease, or disability would become dependent on the government for public cash assistance or long-term care at government expense.
There are many ways to show that you will not be a public charge.
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| - | Criminal Factors
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Someone who has been found guilty of a felony conviction where the factual basis involves bodily harm to another (rape, molestation, murder) or to property (burglary, robbery, larceny) or guilty of certain drug offenses will likely be unable to obtain a green card or a temporary visa. Commission of these types of crimes can also result in removal and deportation where the person is already a green card holder.
But the commission of a misdemeanor crime will not automatically prohibit you from obtaining a green card or a temporary visa. A misdemeanor offense is an offense where the imprisonment time is one year. Common misdemeanor crimes include a first time DUI conviction, petty theft (value of the stolen item is less than $400.00 dollars), or simple battery.
So the good news is that a DUI conviction will not automatically prevent you from obtaining a green card or a temporary visa. But of course an immigration officer will take into consideration the criminal conviction when assessing your case. In other words, the conviction is a factor but it should not be the only factor when the officer is assessing your case. With these types of situations, it is best to go with an experienced immigration attorney. |
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| Q2. | I have been in the US illegally for 2 years. Last month I married a US citizen. We plan on going to Europe for our honeymoon next month. Will I have any problems upon my return to the United States?
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| A2. | YES! In your position, and assuming you filed an "Adjustment of Status" application and your husband filed an "Immediate Relative Petition," you should remain in the United States until your Adjustment application has been decided. A person who departs the United States after being here illegally for more than 180 days but less than 365 and then tries to re-enter, will be denied entry for 3 years. A person who departs the US after being here illegally for more than 365 days and then tries to reenter, will be denied entry for 10 years. Thus, you should remain in the country until you get your green card. If you go to Europe next month, plan on not returning to the United States for 10 years.
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Q3. | I am currently married to a green card holder. However, my spouse is very abusive to me. I want to get a divorce, but I also want to get my own green card. Do I have to stay married to my abusive spouse?
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| A3. | No. You should definitely get out of your abusive situation. There is a law that allows spouses, either wives or husbands, to petition for a green card on their own behalf if they are married to either a green card holder or a United States citizen and have been battered or subjected to extreme cruelty by their spouse. In addition, you can also get divorced from your abusive spouse. If this situation applies to you, you should immediately contact an attorney familiar with both immigration and family law.
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*The above information is general in nature and should not be considered legal advice. Please consult with an attorney to discuss the specifics of your case.
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