Legal Question in Immigration Law in New York

Re: Not sure when to file I-485 for spouse

In general, it is not a good idea to plead guilty to any crime before consulting an immigration attorney to assess immigration consequences of a conviction for such crime. However, the offense of disorderly conduct is unlikely to present a problem for your husband in terms of inadmissibility (and, therefore, adjustment of status), assuming there are no other problems (multiple convictions, crimes involving moral turpitude, conviction or admission of controlled substance offences or any other disqualifications) for which your husband's file, including the current criminal proceeding, must be reviewed. The conviction itself, though, is not dispositive if your husband made stipulations as to certain facts that give rise to other, more serious crimes in the course of his trial, of which you say nothing.

On the other hand, visa overstay alone normally does not bar adjustment for spouses of U.S. citizens.

Obviously, I cannot advise you on how to complete forms or proceed since I am not familiar with all of the facts and circumstances of your case and recommend that you retain immigration counsel for this purpose. Even seemingly simple immigration filings these days may result in complications, let alone petitions on behalf of aliens with any criminal history.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.