Can I Sponsor my Spouse if I have a Criminal Record in the USA?

Can I Sponsor my Spouse if I have a Criminal Record in the USA?

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If you, the petitioner, have a criminal record and you want to sponsor your spouse for a Green Card through a marriage-based petition, the crime for which you were convicted will determine if you are eligible to petition for your spouse. There are some crimes that will not be a problem but others may make it impossible to be approved and an immigration attorney will be able to guide you in this quest.

Key Takeaways

• Criminal Record Impact: The ability to sponsor a spouse for a Green Card depends on the nature of your criminal record. Certain convictions, particularly those involving offenses against minors as defined by the Adam Walsh Act, make sponsorship ineligible, while other crimes may still allow sponsorship but may require additional scrutiny.
• Background Checks: USCIS conducts thorough background and security checks on sponsors with criminal records. While arrests alone may not disqualify you, convictions are considered more impactful and will be evaluated on factors like severity and rehabilitation efforts.
• Legal Guidance Recommended: Given the complexity of navigating sponsorship with a criminal record, consulting an immigration attorney can help determine eligibility and alternative options, such as family or employment-based sponsorship paths if the primary petition is denied.

What you Need to Know about Sponsoring an Immigrant

The first thing you need to know is that for someone to obtain a Green Card in the US, that is, become a lawful permanent resident, they will need a sponsor. So, you may be wondering what is needed to be a sponsor.

Anyone willing to help someone else obtain a Green Card can be a sponsor, whether it is a friend, family member, or employer. This person will need to fill out Form I-130, Petition for Alien Relative, and after its approval, the sponsored person can apply for a Green Card.

How to Sponsor Someone for a Green Card? What do I Need to Become a Sponsor?

Anyone who wants to become a sponsor for someone immigrating to the United States can become one, however, they have to be a lawful personal resident or a US Citizen to do so and have a clean criminal record.

Can I Sponsor my Spouse if I have a Criminal Record in the USA?

The USCIS (United States Citizenship and Immigration Services) will want to know what has the interaction with the law been for the US Citizen sponsor and the spouse seeking a Green Card so background and security checks will be done.

This doesn’t mean that if you have a criminal background you won’t be able to sponsor your spouse or someone else, but it can be more difficult to do so.

If you don’t have a criminal record but have been arrested, USCIS will review the information to determine whether you qualify or not to sponsor someone. However, it is usually convictions that have an impact on immigration matters, not arrests.

What Crimes Will Make You Ineligible From Immigrating Your Spouse?

The Adam Walsh Child Protection and Safety Act was passed in 2006 and is now part of the Immigration and Nationality Act. Here, specific offenses against minors that will most likely make you ineligible from sponsoring a spouse who seeks a Green Card are stated. These offenses are:

• Solicitation of a minor to engage in sexual conduct or practice prostitution;
• Use of a minor in a sexual performance;
• Production, possession, or distribution of child pornography;
• Kidnapping or false imprisonment (unless committed by a parent or guardian);
• Video Voyeurism;
• The use of the Internet to attempt or facilitate criminal sexual conduct involving a minor.

In the case that you were convicted of a crime but it was not against a minor, you may still be able to sponsor someone for a Green Card, but it is still up to the USCIS if your I-130 petition will be approved or not.

This agency may consider the severity of your crime(s), how long ago it was committed, and if you received rehabilitation. The more serious the crime, the less likely you are to be approved as a sponsor of your alien spouse.

What Happens If I’m Rejected As A Sponsor?

If you are rejected to sponsor your spouse, don’t give up yet, there are other routes that can be explored. They may be able to apply for a Green Card through employment or via another family member.

They can also adjust their status if they are on a temporary visa.

Why You Should Seek Professional Immigration Help in San Diego: Guidance from Kannan Law

We understand that this process and everything that has to do with immigration can be confusing and hard to understand which is why we advise you to seek help and guidance from professional immigration lawyers in San Diego, California.

An attorney will not only have the knowledge necessary to avoid making mistakes but also to show you all of the immigration options you have, as well as other benefits that come from an immigration expert.

Kannan Law is a law firm that specializes both in criminal defense and immigration in San Diego, California and we are ready to revise your options if you have a criminal history and would like to sponsor your alien spouse. Contact us today for an appointment!

Frequently Asked Questions

How much does it cost to sponsor someone?

The cost to sponsor someone for US immigration can vary widely depending on the type of sponsorship and associated expenses. Here’s a general breakdown of different types of sponsorship:

1. Family Sponsorship (Green Card):

   – Filing Fees: Form I-130 (Petition for Alien Relative) filing fee is $535. If the relative is applying for a green card in the U.S. (Adjustment of Status), Form I-485 costs $1,140 plus an $85 biometrics fee.

   – Medical Exam: Required for most immigrants, and prices range from $200 to $500.

   – Total Cost Estimate: $1,500 to $3,000+ (depending on processing, legal fees, and other factors).

2. Employment Sponsorship:

   – Filing Fees: Form I-140 (Immigrant Petition for Alien Worker) costs $700. For temporary work visas (like H-1B), filing fees can range from $1,710 to over $6,000 based on company size and other specifics.

   – Legal Fees: Typically between $2,000 and $10,000, depending on the complexity and legal assistance.

   – Total Cost Estimate: $5,000 to $15,000+.

3. Humanitarian Programs:

   – Refugee Sponsorship: Costs vary, as they are often government-funded programs, but private sponsors may incur costs for initial resettlement support.

   – Humanitarian Parole: Filing for parole (Form I-131) costs $575, plus expenses for travel and living arrangements.

4. Financial Support Requirements:

   – Sponsors need to prove they can financially support the person, generally requiring income at 125% of the U.S. poverty level for their household size.

Each case may incur additional costs, like translations, travel, and potentially higher legal fees if complications arise.