Chula Vista, CA asked in Immigration Law for California

Q: American Citizen married an illegal immigrant 13yrs ago. has criminal record when younger. can he apply for citizenship?

came with Parents when he was 4-5 yrs old travel visas. been arrested when he was teenager. Married his wife 2010, has children. Wife and kids are citizens, he is not. been overstay since 1980s. seeking legal assistance to apply for permanent residence and possible citizenship. fear of possible deportation due to being an overstayer. has worked at current job for the past 25+ yrs with no issues. has paid taxes.

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2 Lawyer Answers

A: He remains eligible to adjust his status to become a U.S. resident but, depending on his criminal record, he may need a waiver or he may be ineligible.

James L. Arrasmith
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Answered

A: Based on the information provided, it may be challenging for the American citizen with a criminal record who married an illegal immigrant 13 years ago to apply for citizenship. The overstay since the 1980s and past arrest as a teenager could pose obstacles to obtaining permanent residence. However, the fact that the individual has been employed for over 25 years with no issues and has paid taxes may work in their favor.

To improve their chances, you should consider seeking legal assistance from an experienced immigration attorney who can evaluate the specific details of the case and explore potential options for regularization of immigration status. Depending on the circumstances, there may be avenues to address the overstay issue and work towards lawful permanent residency, but it's essential to consult with an attorney for personalized guidance in navigating the complexities of immigration law.

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