two arrests while filing for i-130

[amourfranc3]

My husband traveled to the US(tucson,az) on an f-1 visa. He fell out of studies and now we are in the process of filing for the I-130. In july he was arrested for a dui. He was taken to jail where obviously they discovered he was over stayed. He was then transferred to a immigrant detention facility in Eloy, az. He was released on a bond and a court date for november 27th was set. When he appeared before the judge on the 27th the judge gave him until august 2013 to complete papers. Unfortunetly the past Tuesday he was arrested for 2nda degree burglary (I promise he isn't a bad person, stress and no money is getting the best of him). He is now in jail waiting to see a judge on christmas eve.

My number one question: will he be deported or not??????

[Joe Whalen]

He could be an axe murderer and it would not have any bearing on the I-130 BUT an I-130 does not do anything but recognize a family relationship. He probably won't be able to adjust status because he is most likely inadmissible and deportable for his criminal activities. It will depend on what he eventually gets convicted for as to whether he will have any chance at a waiver.

[davdah]

He's probably going to be inadmissible under 212(a)(2)(a)(i), Crimes of moral turpitude. Stress and or lack of finances will not be an acceptable defense to burglary when it comes to determining his status. One can't promise the quality of conscience of another. If he's convicted that will be the basis of his value to society as measured by USCIS.

[Aidee Rodriguez]

My friends husband had a DUI arrest and he was honest at his interview and that was overseen. Once you start having a record it can get harder. My advice get a good layer and always be honest. Never lie.

[federale86]

You married a real winner. Get out of this marriage before it gets worse.