What are implications for me when my petitioner spouse gets arrested?

[Hispella]

My husband who's a US citizen and I filed for an adjustment of status for me a little over a month ago, I had my biometrics appointment a week ago.

My husband got arrested on criminal charges today, what are implications for me?

[ramsagar]

https://www.nydailynews.com/new-york...icle-1.3607130 Check this one out. Hope this is Helpful

[azblk]

My husband who's a US citizen and I filed for an adjustment of status for me a little over a month ago, I had my biometrics appointment a week ago.

My husband got arrested on criminal charges today, what are implications for me?

What are his charges? In most cases there is no impact.

[Hispella]

https://www.nydailynews.com/new-york...icle-1.3607130 Check this one out. Hope this is Helpful

Thank you for this but I don’t think it reflects my situation as the article is about past criminal record.

[Hispella]

What are his charges? In most cases there is no impact.

He has a kid with his ex wife and she was against me meeting the kid. Two months after we got married, she filed a lawsuit claiming my husband sexually abused the child. There is zero evidence and my husband took a polygraph. We thought everything was over.

Then, out of the blue, he was arrested solely based on his ex’s new allegations regarding the kid. No evidence was presented. The bail was set and the rest of the family are working to get the money. Apart from everything else, I am really concerned as to what short term and long term implications for me are: long term being what happens to my application? This doesn’t seem like it’s gonna be a quick litigation.

And short term: I still don’t have my EAD, can I apply for an expedited one based on this situation? My name is on the lease for our new apartment and I need to pay for it.

[newacct]

He has a kid with his ex wife and she was against me meeting the kid. Two months after we got married, she filed a lawsuit claiming my husband sexually abused the child. There is zero evidence and my husband took a polygraph. We thought everything was over.

Then, out of the blue, he was arrested solely based on his ex’s new allegations regarding the kid. No evidence was presented. The bail was set and the rest of the family are working to get the money. Apart from everything else, I am really concerned as to what short term and long term implications for me are: long term being what happens to my application? This doesn’t seem like it’s gonna be a quick litigation.

And short term: I still don’t have my EAD, can I apply for an expedited one based on this situation? My name is on the lease for our new apartment and I need to pay for it.

If he is convicted, this could be a problem. Under the Adam Walsh Act, someone who was convicted of certain sexual or kidnapping offenses against minors cannot petition for any category of relative to immigrate, unless they can get a waiver from the Secretary of Homeland Security by showing that they pose no risk to the beneficiary. See this section of the FAM and this memo from USCIS.

I am not sure whether a pending case without conviction would delay your case.

[azblk]

He has a kid with his ex wife and she was against me meeting the kid. Two months after we got married, she filed a lawsuit claiming my husband sexually abused the child. There is zero evidence and my husband took a polygraph. We thought everything was over.

Then, out of the blue, he was arrested solely based on his ex’s new allegations regarding the kid. No evidence was presented. The bail was set and the rest of the family are working to get the money. Apart from everything else, I am really concerned as to what short term and long term implications for me are: long term being what happens to my application? This doesn’t seem like it’s gonna be a quick litigation.

And short term: I still don’t have my EAD, can I apply for an expedited one based on this situation? My name is on the lease for our new apartment and I need to pay for it.

Sorry you find yourself in this situation but your case just got ten times more complicated unless the charges get dropped somehow. Adam Walsh Act prevents people convicted of sex crimes against children from sponsoring relative for green cards unless they can get a waiver showing the person they sponsor is not in any danger from them. The USCIS will NOT approve your case with these charges pending. They will wait until the case is resolved to see if your spouse needs a waiver or not.

Expediting EADs is much harder these days so you have to come up with a pretty good reason. I am not sure yours is good enough but at this point you just have to wait and see since you already made the request.

[Hispella]

Expediting EADs is much harder these days so you have to come up with a pretty good reason. I am not sure yours is good enough but at this point you just have to wait and see since you already made the request.

My congressman’s Office is contacting USCIS on my behalf, I’m not sure how strong my case is but the congressman’s office said they had a great working relationship with USCIS:

1. My husband got arrested and the bail is unreasonable. We cannot bail him out.
2. I have to pay for our apartment and bills not to lose the apartment and not to get into legal trouble (My name is on the lease so I’d be liable too)
3. I have a pending job offer
4. I have no other sources of income

[Hispella]

I am not sure whether a pending case without conviction would delay your case.

Thank you for your reply and links, I believe now I just have to wait and see if the next few days bring more clarity