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.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Henry George Haddad
Henry George Haddad
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.