If my mother is the widow of a convicteddrug dealer, can her immigrant visa get rejected even though she never had a problem with the law?

I’m a US citizen and the petitioner and sponsor. I qualify financially. Her deceased husband died 2 years ago while incarcerated in Ecuador. He also served 4 years in the US24 years ago for drugs. My mother was never implicated in any of his illegal ways.

Asked on November 9, 2011 under Immigration Law, New Jersey


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, there should not be any issues with her being eligible for a visa or being admissible in the US just because she was married to a convicted felon.  You can petition for her and it will take about 9-12 months from start to the consular interview.  If she is approved at that time and issued a visa, she will have about 6 months to enter the US and when she enters she will be a US permanent resident.

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