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    jrae's Avatar
    jrae Posts: 1, Reputation: 1
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    #1

    Jun 28, 2008, 11:20 PM
    Can a convicted felon obtain a US Visa?
    A Guatemalan friend of mine was convicted of a non-violent felon a few years ago while he was visiting the US. Now, he and his girlfriend of two years (she is a US citizen) want to get married... Will it be possible for him to get a US Visa even if they get married?
    SmartNsexa's Avatar
    SmartNsexa Posts: 50, Reputation: 4
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    #2

    Jun 29, 2008, 04:38 AM
    Quote Originally Posted by jrae
    A Guatemalan friend of mine was convicted of a non-violent felon a few years ago while he was visiting the US. Now, he and his girlfriend of two years (she is a US citizen) want to get married... Will it be possible for him to get a US Visa even if they get married?
    Anything is possible however probably unlikely
    "Even so, the Department has determined that criminal aliens who are inadmissible under section 212(a)(2) of the Act (8 U.S.C. 1182(a)(2)) may apply for a waiver under section 212(h) of the Act. The Department is aware that many aliens who might otherwise be eligible under section 586 are inadmissible on criminal grounds. "
    http://www.uscis.gov/files/form/I-129Finstr.pdf
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #3

    Jun 29, 2008, 08:31 AM
    Quote Originally Posted by jrae
    A Guatemalan friend of mine was convicted of a non-violent felon a few years ago while he was visiting the US. Now, he and his girlfriend of two years (she is a US citizen) want to get married... Will it be possible for him to get a US Visa even if they get married?
    To obtain a visa to US, the procedures require fingerprints, so the embassy will find this info, and as a result the application will be denied.

    In case of immigrant visa such as spouse visa or other family based categories, this person needs to file a waiver and get approval first before he/she can proceed with standard procedures. In short, your friend needs a good immigration attorney.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 29, 2008, 08:55 AM
    Quote Originally Posted by jrae
    Will it be possible for him to get a US Visa even if they get married?
    Hello jrae:

    Even with an expensive attorney, I seriously doubt the US will let him in.

    excon
    expatdude's Avatar
    expatdude Posts: 2, Reputation: 1
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    #5

    Jul 10, 2008, 02:55 PM
    If it's nonviolent, then maybe. He has to apply for a visa anyway, and I would check the spouses of Americans discussion board over at the britexpat website for more info.
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