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Immigration Law (USA)

My father in-law is conditionally convicted for felony. What are his chances to immigrate to the USA by family immigration?


Whether your father-in-law can immigrate depend upon a number of factors, which include the facts, family commitment, the law, and consular discretion. What could be and will be are two different universes. There are a number of decisions and factors that can impact whether he can overcome laws that can allow or bar his immigration visa. There are also a few civil actions and convictions that permanently bar immigration without relief. An attorney will need to take time to ask enough appropriate questions. No attorney should make guarantees or predict an outcome in this situation.

The paying of the criminal fine is not the issue. The relevant facts include, but are not limited to, the maximum possible sentence for the crime and the actual terms used in the law that defines the criminal law. Generally, crimes that involve 'deceit' 'may' create challenges and even result in detention and removal. This crime 'suggests' deceit. The criminal judge's statements are unclear for immigration purposes. Consequently, these are matters appropriately resolved after meeting and discussing the matter with an experienced immigration firm like our office.

The terms of the criminal law as it was written when the offense was committed need to be interpreted by an experienced immigration attorney. There are many administrative and judicial decisions. Also, all of the pitfalls of filing for an immigration visa should be discussed; particularly INA Section 221(g). When there is USCIS concern, delays occur. At times, no news may be frustrating, but it may reflect concern.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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