Legal Question in Immigration Law in Florida

Hello there, I have a really though one... I'm from Poland and out of status, my j1 visa expired in 03, I met someone I fell in love with and would like to get married, but here is the thing... in 04/2006 I got arrested for shoplifting, plead guilty - thats what I was advised by a lawyer, and then the man I love got arrested and was in jail for some time, just got out... I know it looks bad, but my question is, if it is possible for him after we get married to apply for my green card, is it even possible for me to get it that way? Thank you


Asked on 8/26/09, 12:43 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

It would be very hard to accomplish.

First of all, do you have a 2-year home residency restriction on your J-1 visa?

Secondly, your shoplifting conviction can make you ineligible for a green card. You shall take this matter very seriously and talk to a qualified immigration attorney in your State, who can review this Florida conviction, statute, court documents and advise you on your options.

Web: http://www.law-visa-usa.com

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Answered on 8/26/09, 12:55 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Depending on the type of crime you were guilty of, it can make the immigration process difficult. We will need to see your arrest report, as well as the final order of disposition from the court.

Otherwise, if you are subject to the 2 Year Home Residency Requirement due to your J-1 Visa, then a waiver of the home residency requirement will be needed. We will need to see your visa in order to make the proper determination.

Please feel free to contact me for more information and to schedule an appointment at our Miami offices.

Sincerely,

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Answered on 8/26/09, 1:12 pm


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