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New Member
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Jun 28, 2008, 11:20 PM
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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?
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Junior Member
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Jun 29, 2008, 04:38 AM
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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
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Immigration Expert
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Jun 29, 2008, 08:31 AM
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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.
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Uber Member
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Jun 29, 2008, 08:55 AM
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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
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New Member
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Jul 10, 2008, 02:55 PM
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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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