Austin, CO Immigration Law Firms & Lawyers

You did not say which one of you is a U.S. citizen. Considering that your fiance is still here after all his convictions, it seems a safe bet that he is an American. If so, his convictions do not matter: they do not disqualify him as a petitioner for his wife. If, however, you are a U.S. citizen, and your fiance is an alien who was not deported after serving his sentence, the situation is different. After you marry him, you can petition for his visa, but it will serve no purpose because his criminal record makes him inadmissible to the U.S. (which means that he cannot enter the country on any visa and cannot become a permanent resident here).

Yes, it is not a problem if you are currently unemployed, as long as you can find a US citizen or lawful permanent resident who can co-sponsor your relative.

Your husband will be eligible to benefit from the new policy designed to assist foreign nationals who entered the US illegally but are married to US citizens. Because your husband entered the US without inspection he will have to return to his home country to obtain residence. His departure from the US will trigger a ten year bar from returning, and he needs to waive that ground of inadmissibility. The new policy is designed to allow that trip abroad to be fast and with much less uncertainty because the waiver will be obtained in the US. With an approved waiver, the Administration believes that all the paperwork will be complete and the trip overseas will be fast. Waivers are based on individualized facts and I suggest hiring competent counsel.