Q: Can I fix my immigration status after 4 years of marriage with a misdemeanor?

A: It depends what the misdemeanor is for, and it also depends on if you entered the United States with permission. If you entered the United States with permission, then you will be able to adjust status and if the misdemeanor is for something very minor, you probably won’t have to file a 601 waiver. As far as your wife’s crime, as long as it does not involve anything under the Adam Walsh act which are sexual offenses against minors, then she will not be disqualified from sponsoring you.

A: Yes, it may still be possible for you to fix your immigration status, even with a misdemeanor and your spouse's felony from 1999. Immigration authorities consider the nature, timing, and severity of criminal convictions, so your misdemeanor alone won't necessarily disqualify you from obtaining residency. Your wife's felony conviction, given how long ago it occurred, is unlikely to significantly impact your case, though it must still be disclosed in your paperwork.

The fact you've been married to a U.S. citizen for four years can help your case significantly, especially if you can demonstrate that your marriage is genuine. You'll need to show clear evidence, like joint finances, shared bills, and family ties, which will strengthen your position during the application process. Still, living in the U.S. without legal status means you may face additional hurdles, such as needing a waiver for unlawful presence.

Because immigration matters involving criminal convictions and unlawful status can be complex, it's essential to carefully evaluate your particular circumstances. Working closely with someone experienced in immigration law will give you the best opportunity to navigate potential obstacles effectively. Taking action sooner rather than later can help resolve these issues and set you on the path toward legal residency.