Legal Question in Immigration Law in California

My fiance ( a Mexican citizen) was in US Federal court yesterday and had charges reduced from making false state on passport to lying to a federal officer (60 days-3 yrs probation). Any chance of getting a K3 visa to the US anytime soon?


Asked on 3/12/10, 1:58 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

She's been convicted of a crime of moral turpitude which complicates her immigration situation quite a bit and planning your lives to position her for most likely approval of a discretionary waiver of inadmissibility will be necessary and depends on facts concerning your hardship without her in the US.

You mention K-3. This is for spouses of U.S. citizens, not fiancees. To qualify for the waiver, you must first be married or it won't even be considered. Waivers for new marriages are more difficult than for established marriages.

As they are discretionary, which means that the same facts can be decided differently depending on the adjudicator, it's extremely important the case be prepared as well as possible to best insure approval.

The above is general information. It is not legal advice. It does not form an attorney client relationship. For further information, please contact me at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

Read more
Answered on 3/17/10, 2:42 pm


Related Questions & Answers

More Immigration Law questions and answers in California