Boynton Beach, FL Immigration Law Firms & Lawyers

The failure to file a tax return alone is not a bar to adjustment of status, but it may be a factor in USCIS exercising their discretion. More important is the length of time he has been in the US without permission and how he obtained employment. Did he enter the US with a visa or without inspection?

If you marry him you would need to file for his 601 waiver and show extreme hardship to get approved. It's possible but it will be a struggle. If you were married and had a child together the chances would be higher. Any counsel who takes your case would need to file a waiver for the crimes and one for the illegal entry. 

Even though your negotiated plea was for lewdness, a disorderly persons offense, U.S.C.I.S. may still explore whether the lewdness statute is divisible and the acts covered could include the charges of endangering the welfare of a child and abuse of a child. If so, it may ask for the records of the court including any plea agreement or plea colloquy. The crime of child abuse is a deportable offense. You should seek the advice of an experienced immigration lawyer before deciding to file for citizenship. There is much less likelihood that this will be an issue when you apply for renewal of your green card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.