wife is an overstay with a criminal record

[lethal pukpok 0]

hello to all,

this is my first time here so hopefully, i can get some guidance on this subject. here is a quick rundown on our situation.

my wife (filipino citizen)came to the US in 1981 on a visa through her father, who was working for an embassy. her visa was good until 2001 where she became and still is an overstay. in 2000, she was convicted of a felony and a year before that was convicted on a possession of marijuana charge (misdemeanor). she also gave birth to child in 2000 that is a natural born US citizen. since then, she has stayed out of any trouble except for a few traffic tickets.

we were married in 2005, and again in 2008. we have three of our own children, all US citizens.

is it possible to adjust the status of her visa, even though she has overstayed for such a long time and with her criminal record? i am trying to go back into the military and want to add her as a dependant and make it possible for her to travel overseas with me and the children.

thank you for any help.

[Deputy Purple 1,294]

Has she been subject to a removal order?

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **

[lethal pukpok 0]

Has she been subject to a removal order?

no, she hasn't been subject to anything at all. she came here on a A-2 visa (i think). we have never received anything from USCIS or anybody.

[Deputy Purple 1,294]

no, she hasn't been subject to anything at all. she came here on a A-2 visa (i think). we have never received anything from USCIS or anybody.

Just because she hasn't received anything from USCIS [or anybody] that doesn't mean that she was never subject to a removal order. People are deported in absentia all the time.

Before you file anything it would be a good idea to contact USCIS and see what they say her current status is. If she has already been ordered deported then marriage will only complicate her case at this point.

[JimVaPhuong 4,863]

hello to all,

this is my first time here so hopefully, i can get some guidance on this subject. here is a quick rundown on our situation.

my wife (filipino citizen)came to the US in 1981 on a visa through her father, who was working for an embassy. her visa was good until 2001 where she became and still is an overstay. in 2000, she was convicted of a felony and a year before that was convicted on a possession of marijuana charge (misdemeanor). she also gave birth to child in 2000 that is a natural born US citizen. since then, she has stayed out of any trouble except for a few traffic tickets.

we were married in 2005, and again in 2008. we have three of our own children, all US citizens.

is it possible to adjust the status of her visa, even though she has overstayed for such a long time and with her criminal record? i am trying to go back into the military and want to add her as a dependant and make it possible for her to travel overseas with me and the children.

thank you for any help.

Probably not. She came to the US on a diplomatic visa. She would need permission from the US Department of State in order to become an immigrant. They'll want to verify that it won't cause any diplomatic problems with the country she came from. She'd need to file an I-566 to the Department of State, and that can't be approved unless she has maintained her lawful presence in the US.

The felony and marijuana charges are likely inadmissible crimes. Not only would they prevent her from adjusting status, they would prevent her from getting a visa at a US consulate abroad unless she can get a hardship waiver approved.

[lethal pukpok 0]

mannnnnn, frustrating.

thanks for the information guys.

[lethal pukpok 0]

We'll check with my mother in law's immigration lawyer to see what they say.

[canadianboy 1]

hello to all,

this is my first time here so hopefully, i can get some guidance on this subject. here is a quick rundown on our situation.

my wife (filipino citizen)came to the US in 1981 on a visa through her father, who was working for an embassy. her visa was good until 2001 where she became and still is an overstay. in 2000, she was convicted of a felony and a year before that was convicted on a possession of marijuana charge (misdemeanor). she also gave birth to child in 2000 that is a natural born US citizen. since then, she has stayed out of any trouble except for a few traffic tickets.

we were married in 2005, and again in 2008. we have three of our own children, all US citizens.

is it possible to adjust the status of her visa, even though she has overstayed for such a long time and with her criminal record? i am trying to go back into the military and want to add her as a dependant and make it possible for her to travel overseas with me and the children.

thank you for any help.

You need to see Michael Gurfingle.

[coraliesolms 47]

The overstay might have been forgiven, and often is when marriage is involved. However, the felony and drug charges are a big problem and definately make her "inadmissable". Sorry. You have an uphill battle here.

[lethal pukpok 0]

This sucks.

[sea-monkey 13]

http://en.wikipedia.org/wiki/Good_moral_character

Felon + Druggie....I don't think she'll pass any interviews and no congress person will voucher for that.

[lethal pukpok 0]

Well, dealing with drug addicts everyday at work, I find a simple possession charge as not enough evidence for you to refer to my wife as a "druggie", so i do not appreciate that. I guess that somebody who has ever drank a beer, is an alcoholic then.

But I do appreciate you taking the time to respond to my post and provide me with the link.

[Rebecca Jo 1,962]

Whatever you do, do not contact USCIS about this. Get an immigration lawyer that specialized in family cases.

FWIW, even the most minor possession charges can cause a petition to be denied.

[lethal pukpok 0]

Thanks johnnyquest for the heads up. I am setting up an appointment with the lawyer that the in laws used when their visas had expired.

I hear ya about the possession charge, I just didn't appreciate the comment that was made by another member.