New Jersey Immigration Attorney Discusses Obtaining a Visa if Your Partner is on Megan’s List
As a knowledgeable New Jersey Immigration Attorney, I am often asked by clients if their spouse was convicted as a sex offender will it affect their Green Card. Recently, a woman came to my office with a very unusual question, but I’ve seen it over the years quite a few times. She’s engaged to a US citizen, and that gentleman had committed a sexual offense, and he was on Megan’s Law List. She was wondering, could he still sponsor her, or would they run into any problems? She was onto something because the truth of the matter is that immigration takes a very tough stance once an individual has committed a sexual offense of certain types, especially if it was with a minor under 18 years old.
There’s a range of offenses, they take a very strong stand and they try to prohibit an individual, even though they’re a citizen, from acting as a sponsor for a K-1 fiancé visa or an I-130 spouse sponsor even if they get married. It’s possible if they’re both in this country to be engaged or to be married, but it will be very difficult for the individual to sponsor the foreign-born person for a green card.
It is possible at times to get a waiver if you can prove that there’s been a strong amount of rehabilitation and that there is no chance that the foreign-born individual, the K-1 or the I-130 spouse, would be at risk because of the relationship to the US citizen who had previously been a sex offender. It’s not that easy to accomplish the waiver. It is possible at times, but it is not that easy.
As an experienced New Jersey Immigration Attorney, I recommend that someone hire a good criminal lawyer who specializes in sex offenses in addition to a competent immigration lawyer. If they work together there’s a much better chance that the original sex offense, can perhaps be reopened, or ameliorated. Also, we can come up with countervailing evidence of rehabilitation, of no risk to the foreign-born fiancée or spouse. It is very important to have a qualified team on your side. It could take some time, but as a New Jersey Immigration Attorney, I recommend if you are in love and you want to pursue the relationship, this is a good path.
Are you worried about not obtaining a Green Card Because Your Spouse is on Megan’s List? Contact our experienced New Jersey Immigration Attorney for guidance. Let our skills work for you.