Immigration Issues/Green card


I have a young friend who is married to a US citizen she has her employment card but hasn't had the interview for the fina Green card yet. There is a possibility her husband could go to jail, can she be deported if the Green card isn't through? They have children and I'm worried for her. Thank you

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Wendy,

You are right to be concerned for your friend.  However, the focus on your friend's greencard case is based more on her rather than her US citizen husband.  But there can still be other consequences that will affect her case if he is imprisoned.  For example, as the petitioner of her case, he may no longer be able to work and he may no longer be able to show that he's capable of providing for her financially.  It might be relevant to USCIS also, what kind of conviction he has, ie whether it is a serious felony, though I don't think that is fatal.

The USCIS has very particular rules about providing financial support to the person being sponsored.  The husband would have had to fill out an "affidavit of support" and it is considered as a binding contract that the husband be able to support his wife, the immigrant.

On the affidavit of support, it also asks questions about how many people are in their family, so if they do have children, the affidavit of support will consider that the husband should be able to provide for all those in his household, in addition to his wife.

The affidavit of support and other issues (especially the fact that the husband may not be able to show up for the greencard interview if he's in jail) will complicate her case.  I suggest that she find a good immigration attorney to provide some assistance on this.  They may need a good criminal defense attorney, too.

Good luck and feel free to follow up with additional concerns or questions.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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