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Spouse Felony Charges

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  • Spouse Felony Charges

    If an immigrant has been married to an American citizen for less than 3 years and the American citizen has been charged with a criminal felony and sentenced to a 10 year prison term, what are the implications for the immigrant? And, would it make a difference if the immigrant was an American citizen or not (citizenship is as a result of the marriage)?

  • #2
    If an immigrant has been married to an American citizen for less than 3 years and the American citizen has been charged with a criminal felony and sentenced to a 10 year prison term, what are the implications for the immigrant? And, would it make a difference if the immigrant was an American citizen or not (citizenship is as a result of the marriage)?

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    • #3
      Unless there is a condition that still needs to be removed at a joint appointment, the conviction and sentencing would not influence the alien's status. Since you're asking this question, the assumption is that the condition is not removed or complete. If the interview was conducted already jointly, then again; no consequences to the alien's status. If a joint interview is required, then the removal of condition can be accomplished when the alien proves that the marriage was bona fida. In the U.S. the criminal is the only one that may be punished, his or her family and possessions may not be collectively touched or punished.

      I don't understand your last question: "And, would it make a difference if the immigrant was an American citizen or not (citizenship is as a result of the marriage)?" In which way is there supposed to be a "difference", in sentencing, in reprocations, in annulling the marriage? In a court of law, and in criminal proceedings the punishment is set forth in the U.S. codes (state laws must corrospond with U.S. felonies). The immigration status doesn't have an effect on the sentencing except for illegal entry after deportation, in such cases an enhancement of up to 20 points may be added!

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      • #4
        Dito.. Were u trying to say that the USC obtained the citizenship from a previous marriage ? and if so .. then are u wondering if they can strip away the citizenship because of a crime?

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        • #5
          i gues my question is will the citizenship be stripped from the spouse because of the criminal charges of the USC.

          thanks for all your help.

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          • #6
            Hi I am an american citizen and my wife is french. At the interview in Burssels Belgium can we request a joint interview ?

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