Spouse Affects Green Card or Visa
Whether you are seeking to obtain a visa or a green card, you may have a lot to be worried about. If your spouse has been associated with abuse or sexual assault, there is a possibility that this will affect your eligibility. You will want an attorney to help you explore your concerns and answer whether your spouse affects green card or visa eligibility.
Abused by my former spouse. Am I eligible for the U Visa?
A U Visa is a visa that is set aside for any victims of crime. Many times, it is domestic violence, but it can also be assault or any other type of crime where someone is a direct victim. The focus of the visa is that an individual has to be willing to help the law enforcement agencies or the government agencies. There is a form called the I-918 which must be signed and certified by the police or the prosecutor that the individual has been cooperative and has been willing to cooperate and collaborate in resolving the crime
The benefit of the U Visa is that if it is approved, the individual does acquire a work permit that is valid for three years, and with that work permit they can acquire a valid social security number and possibly a driver’s license and after possessing the U Visa invalid status for three years they can apply for adjustment of status which very often leads to a green card. It’s an unfortunate situation if someone is a victim of a crime, but fortunately it is a way to resolve that problem utilizing the immigration system.
How a spouse who was convicted as a sexual offender can affect your green card.
If a US citizen has a previous criminal history it does not affect their ability to sponsor their spouse. However, there is one incident, there is one scenario when it does affect the ability to sponsor the spouse, this is if the individual was convicted of a serious sexual offense and they’re on the list under Megan’s Law under a sexual offender.
Immigration will not permit the individual to serve as a sponsor for either a green card or a fiancé petition unless there is evidence and documentation that the individual has undergone rehabilitation and will offer no harm to the individual being sponsored. This is under immigration discretion and you need to seek advice of an immigration attorney if you have a scenario similar to this.
If you do have any immigration questions about this or any general immigration matter, contact Susan Scheer for skilled representation.