Legal Question in Immigration Law in New York

usa citizen

I am a usa citizen and want to sponsor my boyfriend who is currently living in another country. I had 2 arrests 20 years ago for prostitution and one for theft. Can I sponsor him? Does immigration only look at my boyfriend and question him about his past(which he has no criminal history) or will they also ask me about my past. Also does it go by the state I am living in now or is it the federal government when you try to sponsor someone. I mean does the laws change state to state or is it federal?


Asked on 4/28/09, 12:32 pm

4 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: usa citizen

First of all, you cannot sponsor your boyfriend to come and live here.

However, you can sponsor your husband to come and live here.

Immigration will be looking at both of your backgrounds and will want to know personal things about you and him.

The US Immigration Service is a federal service.

Therefore, it does not matter in which state you are.

Patricia Martin-Gibbons

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Answered on 5/01/09, 4:49 pm
Stanley Smotritsky Smotritsky & Spektor, PLLC

Re: usa citizen

Immigration law is federal and does not change state to state. Since you are the petitioner and have not been convicted of a domestic violence crime, your prior criminal convictions should not have any effect on your petition.

Please consult with an experienced immigration attorney to determine the best options for bringing your boyfriend to the United States. Our office offers FREE consultation.

ANSWERS TO QUESTIONS PROVIDED BY OUR ATTORNEYS ARE ONLY GENERAL IN NATURE AND SHOULD NOT BE RELIED UPON IN MAKING LEGAL DECISIONS. THESE ANSWERS DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. AN ATTORNEY-CLIENT RELATIONSHIP CAN ONLY BE CREATED WITH OUR OFFICE VIA A FEE AGREEMENT SIGNED BY BOTH YOU & AN AUTHORIZED REPRESENTATIVE OF OUR OFFICE

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Answered on 4/28/09, 12:53 pm
Yolette M Saintiny The Law Office of Yolette M. Saintiny

Re: usa citizen

Immigration Law is Federal-

You may sponsor your boyfriend regardless of your criminal history. However, you may have to submit proof of disposition of past crimes to the Service.

As long as you are currently gainfully employed, or able to provide an Affidavit of Support on behalf of your friend; you may sponsor him after marriage by adjusting his status to join you here in the U.S. under Section 245 of the Act.

By the way, you may petition for him and his dependent children to join you on a K visa category with the intent to marry within a 90 day period. Thereafter, you will file the required petitions before the Service.

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Answered on 4/28/09, 1:35 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: usa citizen

You can file a fiance visa petition for your boyfriend and once he comes here, you will have to get married in 90 days. Then, he will be able to file for his green card. Generally, your criminal activity will not be a bar to your ability to file an application for him, regardless of where you were convicted.

You should discuss the procedure, and your boyfriend's eligibility with an immigration attorney before proceeding.

Please note that the

content of this reply does not constitute legal advice or create an

Attorney/Client relationship in the absence of an agreement for legal

services/retainer with my office. This is just a place to start in

deciding what to ask your lawyer.

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Answered on 4/28/09, 2:30 pm


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