My boyfriend and I are getting married he's a US citizen and I'm here with an expired visitor visa. My question is, will he be able to petition me for a residency even though he has a criminal record?
Answer
You can be sponsored and adjust status based on a bona fide marriage to a U.S. citizen since you entered legally, even if your status has subsequently expired. It is OK if the U.S. citizen spouse has a criminal record, but the same is not true in the case of the immigrant spouse. Additional information is here: www.h1b1.com/Uscitizen.htm
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