Immigration Status Post Incarceration
Summary
The individual in question has been residing in the U.S. Illegally for over 9 years and has been married to a U.S. Citizen since 1995. They were incarcerated for 6 years for narcotics distribution and were deported after their release in 2011. They are currently residing in Texas with their U.S. Citizen spouse. No steps have been taken towards acquiring citizenship since the deportation. The U.S. Citizen spouse is willing to sponsor the individual for a visa or green card. The individual has not sought legal advice or representation regarding their immigration status and has not applied for a waiver of inadmissibility due to their criminal record.Full Conversation
I want to know if someone who has been here illegally for over 9 years and has been married to a US citizen since * can aquire citizenship given they have been incarcerated for 6 years and have since been released in *
What state are you currently residing in, ****? This will help me provide more accurate information.
Texas
What is the current immigration status of the person in question?
In Texas, a person can apply for citizenship through marriage, but criminal history may affect eligibility.
In Texas, a person can apply for citizenship through marriage, but criminal history may affect eligibility.
Unlawful immigration status
What was the reason for the incarceration? This can significantly impact the eligibility for citizenship.
Narcotics
What was the nature of the narcotics offense? This will help determine the impact on immigration status. In Texas, drug offenses can lead to deportation and bar from re-entry.
Distribution
What was the sentence for the narcotics distribution offense? In Texas, a felony conviction can lead to deportation and bar from re-entry.
6 years
What is the current status of the person's deportation proceedings?
Deported
What is the country of origin of the person who was deported?
In Texas, a person deported due to a felony conviction may face challenges in acquiring citizenship, even if married to a US citizen.
In Texas, a person deported due to a felony conviction may face challenges in acquiring citizenship, even if married to a US citizen.
Mexico
What is the current location of the person who was deported?
Texas
What is the current immigration status of the person in question after deportation?
In Texas, re-entry after deportation, especially with a felony conviction, can lead to severe penalties.
In Texas, re-entry after deportation, especially with a felony conviction, can lead to severe penalties.
Illegal citizen
What steps have been taken towards acquiring citizenship since the deportation?
In Texas, re-entry after deportation can lead to severe penalties, including imprisonment. It's crucial to consult with an immigration attorney.
In Texas, re-entry after deportation can lead to severe penalties, including imprisonment. It's crucial to consult with an immigration attorney.
No steps at the moment until reassurance for the safety of the individual
What is the current marital status of the person in question with the US citizen?
In Texas, marriage to a US citizen can aid in the citizenship process, but a felony conviction and deportation complicate matters.
In Texas, marriage to a US citizen can aid in the citizenship process, but a felony conviction and deportation complicate matters.
Married
What is the current status of the US citizen spouse? Are they willing to sponsor the person in question for a visa or green card?
Us citizen
Is the US citizen spouse willing to sponsor the person in question for a visa or green card?
Yes
What is the current status of the person's criminal record? Have they had any other legal issues since their release in *?
No legal issues since released
Has the person in question sought legal advice or representation regarding their immigration status?
No
Has the person in question ever applied for a waiver of inadmissibility due to their criminal record?
No at any moment in the state of Texas an individual who is here illegally will be deported regardless
Has the person in question ever been deported before? This information is crucial as it can affect the possibility of obtaining legal status.
After incarceration
What was the reason for the previous deportation?
Released from corrections facility
What is the current status of the person's deportation proceedings after their release from the corrections facility?
Deported
What is the nature of the relationship between the person in question and their US citizen spouse?
Married
What is the current living situation of the person in question? Are they living with their US citizen spouse in Texas?
Yes
Has the US citizen spouse filed an I-*, Petition for Alien Relative, on behalf of the person in question?
No
Has the person in question ever applied for a U-Visa, which is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity?
No
Has the person in question ever applied for a waiver of inadmissibility due to their criminal record?
No
What is the current status of the person's deportation proceedings after their release from the corrections facility?
Illegal citizen
Has the person in question sought legal advice or representation regarding their immigration status?
No
Has the person in question ever applied for an adjustment of status (Form I-*) after marrying a U.S. citizen?
No
Has the person in question ever applied for a waiver of inadmissibility (Form I-*) due to their criminal record? This could potentially help in their situation.
No
Has the person in question ever applied for a Provisional Unlawful Presence Waiver (Form I-601A)?
No
Has the person in question ever applied for a U-Visa, which is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity?