Immigration Issues/final interview

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Question
Hello,

I am a U.S. citizen and I am married to a Mexican citizen. He was asked to
leave the country (US) two years ago voluntarilly and he did. My lawyer and I
turned in a I-130 so he can come back as a permanent recident married to a
U.S. citizen. He had to leave the country early because he commited a
misdemeanor and was arrested. He pled guilty. Out lawyer says that this
alone would not affect him getting a visa to return to the U.S., but he could
be denied a waiver he needs (for coming into the country illigally) due to the
misdemeanor. I wanted to ask you if this was true and Is there a chance that
the waiver would be granted? He has the first final interview the end of this
month where he would turn in the waiver. Then, as I understood, he would
return in 6-9 months for the final final interview.

Answer
Depends what the misdemeanor was.  Under Immigration law, some  crimes that are misdemeanors under state law are recognized differently.  However, as long as your husband departed within the time frame granted by the Immigration court, you have a valid marriage, he has NOT reentered without a visa since his departure, an I-130 will likely be granted, at which point he can apply to you his spouse in the US while waiting for his permanent resident visa.

Immigration Issues

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David

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Immigration Law enforcement Border Patrol

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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