What should I do if I have a criminal record when applying for a marriage-based visa?
If you have a criminal record and are applying for a marriage-based visa to enter or remain in Washington, the first thing you should do is speak with an experienced immigration attorney. An attorney can provide guidance on what to do next and explain the potential risks and benefits of applying for a visa with a criminal record. Your criminal record will factor into the eligibility for a marriage-based visa. Depending on the type of crime you were convicted of, you may be ineligible for the visa. For example, if you have been convicted of a crime involving moral turpitude, you may be denied the visa and may be subject to deportation. A crime of moral turpitude is a crime that involves an act of dishonesty or baseness. If you are eligible for the visa, you must provide the necessary immigration forms, proof of your marriage, and proof of any criminal convictions. In addition, the USCIS may require additional proof of your marriage, including affidavits from friends or family members, proofs of joint ownership of property, and joint tax returns. Any criminal conviction must be fully disclosed and additional evidence may be requested to determine how it affects your eligibility. If you have a criminal record, it is important to consult with an experienced immigration attorney before applying for a marriage-based visa. An experienced attorney can help you understand the eligibility criteria and prepare the necessary forms and evidence for your application.
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