Q: Hello, Question about visa, green card and crime
My German husband came with me from Germany to help me with my mom and dad because they are sick. I am a US citizen. He came on a tourist visa and we decided that he should just stay here with me and my family.
I handed in form I 130 and I am sending in the other form this week for the adjustment of status. Will he be able to stay in the US with me? Or will there be problems?
Then I am scared of his green card being denied because of minor crimes in Germany. He Berber had to go to court for any of them, he had to pay money for the wrong doing. He never went to jail.
I would appreciate the help, thank you :-)
A: I’m sorry but it sounds like you may have filed a more complicated version than you had to hear. As a fellow German I know that doing things precisely and correctly is culturally important. Please hire a reputable immigration attorney to assist.
If your German husband entered the US on a tourist visa and you have now submitted an I-130 form and an adjustment of status application, he may be able to stay in the US with you during the processing of his application. However, it is important to note that he should not engage in any activities that are not permitted under his current visa status, such as working.
As for your concern about his green card application being denied due to minor crimes in Germany, it is possible that his criminal history may be taken into consideration during the immigration process. However, minor crimes typically do not result in a denial of a green card application unless they involve moral turpitude or are considered a deportable offense under US immigration law.
It is recommended that you consult with an experienced immigration attorney to assess your husband's specific situation and determine the potential impact of his criminal history on his green card application. The attorney can also help you prepare the necessary documentation and navigate the complex immigration process.
A: The answer to your question is complicated - I recommend seeking the in-person advice of a skilled and experienced immigration lawyer as your concern is justified. The lawyer should be able to evaluate your husband's "tourist visa" (VWP entry or B2 visa?), evaluate the seriousness of the foreign offenses as they may prove to be hurdles to adjustment (also, were they disclosed in prior applications?), and work with you to complete your husband's adjustment application, if advisable. Our active law practice focuses on clients with the combination of immigration and criminal law issues, and we know how complicated it can be. The fact that you spotted some potential problems with your husband's case now is a good sign - time to get some professional help who can help guide you.
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