In the United States, marriage between an immigrant and a felon can have consequences when it comes to obtaining a green card. According to U.S. immigration law, certain offenses against a minor can automatically disqualify a U.S. citizen from sponsoring their spouse for a green card.
These offenses include kidnapping, false imprisonment, solicitation of a minor for sexual conduct, and child pornography, among others.
However, it is important to note that USCIS can disqualify a U.S. citizen sponsor if there is evidence that they pose a risk to the safety of their spouse seeking a green card.
In some cases, a waiver may be filed to demonstrate that granting a green card will not have a negative impact or cause severe hardship to a U.S. citizen or permanent resident spouse.
Applicants must truthfully disclose their criminal history, as failure to do so can result in severe consequences. These consequences may include denial of a green card, future immigration attempts being barred, or even deportation if the applicant is already in the U.S.
It is also important to be aware that both the immigrant and the U.S. citizen or permanent resident spouse can face criminal penalties for marriage fraud if the marriage is discovered to be fraudulent.
Key Takeaways:
- Marriage between an immigrant and a felon can impact eligibility for a green card.
- Certain offenses against a minor can automatically disqualify a U.S. citizen sponsor.
- USCIS has discretionary power in disqualifying a sponsor based on safety concerns.
- A waiver may be filed to demonstrate that granting a green card will not cause severe hardship.
- Truthfully disclosing criminal history is crucial to avoid severe consequences.
Eligibility for a Green Card and Criminal History
According to U.S. immigration law, certain offenses against a minor will automatically disqualify a U.S. citizen from sponsoring their spouse for a green card. These offenses, such as kidnapping, false imprisonment, solicitation of a minor for sexual conduct, and child pornography, among others, are taken very seriously.
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- Can Two Felons Get Married?
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- Ways to Find Someone to Marry for a Green Card?
However, it’s important to note that USCIS has the discretion to disqualify a U.S. citizen sponsor if there is evidence that they pose a risk to the safety of their spouse seeking a green card.
This discretionary power allows USCIS to take into consideration any other criminal convictions or behavior that may raise concerns about the immigrant’s well-being. It means that even if the offense committed by the U.S. citizen sponsor does not fall under the automatic disqualification list, USCIS can still deny the green card application based on the discretion.
In some cases, a waiver can be filed to demonstrate that granting a green card will not have a negative impact or cause severe hardship to a U.S. citizen or permanent resident spouse.
This waiver is an opportunity for the couple to prove that the felon’s past behavior does not pose a threat to the safety or well-being of the immigrant spouse. However, it’s important for applicants to disclose their criminal history truthfully, as failure to do so can result in severe consequences.
If an applicant fails to disclose their criminal history or if it is discovered that the marriage is fraudulent, the consequences can be severe.
These consequences include the denial of a green card application, barring future immigration attempts, or even deportation if the applicant is already in the U.S. Both the immigrant and the U.S. citizen or permanent resident spouse can also face criminal penalties for marriage fraud if the marriage is discovered to be fraudulent.
