Can my husband still file for me if he is in jail?
Submitted by
LawQA.com on September 26, 2011 - 10:01am
My husband is in jail and I would like to know if he can still file for me? He's has been in there for our hole marriage. Can he still file for me?
Submitted by Alexander J Segal on September 26, 2011 - 10:58am
Technically, your husband can petition for you despite the fact that he is incarcerated. However, in practice, this will be a difficult case to pursue and you should consider hiring an attorney. First, there may be issues with his petitioning for you depending upon the conviction. USCIS will not approve a petition filed by your husband if they believe he will pose a danger to your safety. Second, you may have difficulty establishing your marriage is bona fide since you essentially live apart from one another. It is not to say it is an impossible to establish, but may require submission of extensive documentation. Third, if there is an interview scheduled by USCIS, your husband may not be able to appear do to his confinement. USCIS often denies a petition for the failure of the petitioner to appear.
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