Mary Esther, FL Immigration Law Firms & Lawyers

There is a broad waiver for non-immigrant visas, and if your friend has shown rehabilitation and has a good reason for entering, he may very well be eligible for a waiver. The offense may also meet the "petty offense" exception. He should certainly speak with a lawyer who can review his conviction and help him present his case.

The US Department of State publishes a visa bulletin every month that explains how long the wait is for each category of immigrant visa. The November Bulletin states that F2A applicants with a priority date of Feb 15, 2009 are eligible to apply for an immigrant visa. This would indicate that if you filed an I-130 petition for your husband now, he would have to wait about 3 years to apply for an immigrant visa.

Being unemployed is not grounds for denial of your naturalization application. I would be concerned about that your first application was denied to lack of good moral character. The decision should state what you did or what was the bases for such a determination. A lack of good moral character can be a result of actions, other than criminal matters. Examples of things that could be found to be a lack of good moral character include: failure of males between the ages of 18 and 26 to register for selection service; failure to file tax returns, and failure to pay child support.