Job Recruitment Website - Immigration policy - Can I immigrate to the United States with a criminal record (1)
Can I immigrate to the United States with a criminal record (1)
Case: The husband wants to apply for investment to immigrate to the United States, but the wife is fined for criminal proceedings (illegal possession). Question: In this case, can the wife immigrate to the United States with the applicant? This question is very representative. According to American law, as long as the principal applicant has no criminal record and meets the application conditions, he can still obtain an immigrant visa to go to the United States, and even minor children can follow the principal applicant to immigrate, because the law protects the principal applicant. If the principal applicant has a criminal record, it is a violation of American social morality, which will affect the immigration qualification of the whole family. The case of illegal possession is an economic crime stipulated by Chinese law. In China, the maximum penalty for such crimes is life imprisonment. Even if she is only sentenced to a slight fine, this crime is still a crime against social morality. However, because she is not the main immigration applicant, it will not affect the immigration qualification of the whole family. In fact, husbands and children can immigrate to the United States first. After they arrive in the United States, they can apply for an "exemption paper" from the Immigration Bureau under the Department of Homeland Security (DHS) and apply for exemption on the grounds that family members cannot be separated. According to American law, except those whose parents, spouses and children are American citizens or permanent residents, people with criminal records can also apply for exemption if the crime time exceeds 15 years. If he applies for immigration with his husband and children's families, he will definitely be refused a visa, and he can apply for legal exemption after his husband and children register for immigration. Every country's laws have different provisions on crime. I once represented a guest who committed a crime in the United States and Canada. Because of local laws, the sentence is less than six months, and the local maximum punishment will not exceed one year. Even if the crime violates social morality, he can apply for "forgiveness" because he has only committed a crime once and there is no need to apply for exemption. In countries with strict laws and regulations, such as China, even for minor crimes, the maximum penalty is mostly more than one year's imprisonment, which becomes a crime against social morality. Therefore, it is necessary to analyze the crime according to the local criminal law to determine whether it also belongs to the crime of "violating social morality" within the scope of American law.
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