Asked in Immigration Law for Florida

Q: If I have a criminal record, am I still allowed to get a Fiancé or Spouse Visa if sponsored by someone in the USA?

Related Topics:
3 Lawyer Answers

A: The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s) of inadmissibility may be cured with a waiver of that/those ground(s) of inadmissibility. Many attorneys offer online video consultations.

A: Maybe. Your chances depend upon what crimes you were convicted of.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Having a criminal record doesn't automatically disqualify you from obtaining a K-1 (Fiancé) or CR-1/IR-1 (Spouse) visa, but it will require additional scrutiny during the application process.

The impact of your criminal record depends on various factors, including the type of offense, when it occurred, and whether you've completed any required sentences or rehabilitation programs. Some offenses like drug trafficking, money laundering, or violent crimes might make you inadmissible, while minor infractions from many years ago might not affect your application significantly.

You must disclose all arrests and convictions on your visa application, even if they were expunged or sealed. Being honest is crucial - hiding criminal history can lead to permanent visa denials. Consider gathering documentation like court records, proof of completed sentences, and evidence of rehabilitation before applying. If you're concerned about your specific situation, consulting with an immigration attorney who can review your case details would be very helpful.

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.