Melvin, TX Immigration Law Firms & Lawyers

If you resided in the US unlawfully for two years, then you will likely be denied entry if you are coming in on an ESTA visa waiver. You will need to apply for a waiver and for the B-2 visitor visa as you no longer qualify for the visa waiver program.

You may marry anyone that you love. Marriage should not be considered with immigration matters. From what you explain, he will have at least a 10 year bar that he must stay outside US. Certain crimes, specially drug related, make one ineligible to apply for any immigration benefit. You should consult with a seasoned immigration attorney.

  The H1B petition is in two parts if an individual is asking for change of status – one part that adjudicates whether the position a specialized and that you qualify, and the second whether you are deserving of a change of status. A crime would have no effect upon the first part of the adjudication, but could affect change of status or visa application at a consulate or embassy. That being said, a simple DWI should not prevent a change of status in my opinion whether with a conviction or if still pending at the time of adjudication. I note that U.S.C.I.S. just came out with guidance on DWI's as a basis for a finding of lack of good moral character for naturalization purposes if there are two in the statutory period of residence required for becoming a citizen. 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.