Denton, TX Immigration Law Firms & Lawyers

You should consult with an attorney as this type of case is very fact specific. You case depends on how you entered the US, any filings to make you eligible for section 245(i), any other immigration or criminal violations and any extreme hardship to your wife if your waiver is denied. Please note that there is proposed legislation to allow for stateside adjudication of I-601 waivers. This would be extremely important to you as your leaving the US to apply for the immigrant visa will trigger a 10-year bar from entry.

Either place of marriage is fine although the process will be different. If you intend to marry in the U.S. you are likely going to file for a fianc visa. To obtain a fianc visa you (a U.S. citizen) will file certain paperwork on your fiancs behalf and he will eventually be issued a visa in his native country then enter the U.S. in order for you to marry within ninety (90) days. Your foreign fianc will be subject to an interview, medical examination, etc. Note that both parties must be free to marry (i.e. not currently married), you must have an income that exceeds the poverty level and you and your fianc have met in person within the previous two (2) years. If you marry in Guatemala you will file for a K-3 visa. Note that the marriage needs to be registered with the appropriate government authority and you will need an official marriage certificate (a religious ceremony is not enough). Your foreign spouse must live outside the U.S., he wants to enter the U.S to await a visa and you (the U.S . citizen spouse) must file a petition on his behalf.

Depending on the section of law under which you were convicted and the sentence imposed, you could have two crimes involving moral turpitude. The effect of that would be that the government will deny your Naturalization application and move to rescind your Lawful Permanent Residence. You should have an immigration attorney look at your convictions and give you a legal opinion on their possible consequences on your status.