He came to the US over 20 years ago and has been living here illegally ever since. He has been married to a US citizen the last 2 years and they have 2 kids with another on the way. He has been convicted of a crime, not sure what exactly but served at least 2 years in jail. He works under the table paid cash so I don't think id theft or fraud is an issue. Is there any way he can adjust his status through his wife?

Depends on nature of crime... if it's felony, I don't think he has a chance.

Can you give me anymore insight? Please

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Originally Posted by Sympathetic

He came to the US over 20 years ago and has been living here illegally ever since. He has been married to a US citizen the last 2 years and they have 2 kids with another on the way. He has been convicted of a crime, not sure what exactly but served at least 2 years in jail. He works under the table paid cash so i don't think id theft or fraud is an issue. Is there any way he can adjust his status through his wife?

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If he entered the US lawfully, then he is now a visa overstay, with unauthorized employment, but hopefully no 'false claim to citizenship.'

The marriage to the USC allows for adjustment of status and forgiveness of the overstay and the unauthorized employment. Please note, there is no waiver for a 'false claim to citizenship.'

Lawanwadee is correct, need more information about the arrests, charges and convictions. The amount of time served is not as important as the actual charge and the maximum period of that that could have been imposed for that criminal violation.

The nature of the charge, his age at the time of the commission and conviction and several other factors must be checked to see if it qualifies as an exception (petty offense, youthful offender and simple possession MJ) to the criminal grounds of inadmissibility under INA section 212(a)(2) or if the crime allows for a waiver based on a hardship to a qualifying USC relative (spouse).

Aggravated felonies, crimes involving moral turpitude, most domestic violence violations, firearms violations and CSA violations will all be problematic.

Best to get all documents relating to the offense (charging document, court order and court disposition) and meet with an experienced immigration attorney. Be prepared to explain the hardship to the USC, such as medical conditions, finances, family needs in US, psychological and emotional issues, language, country conditions, etc.

There may be many other issues; EWI entry, immigration violations, immigration filings, etc.

This is only general information based on the limited information provided in your posting. Good luck.