Can someone with a foreign negligent homicide conviction get a green card through marriage?
Long story short. Trying to understand what options might exist in a very complicated situation.
I have a friend that entered the U.S. legally 5 years ago but overstayed. He is getting married next week. Recently, an old criminal case from Romania (his home country) was suddenly finalized only a few months before it was expected to prescribe. The case was around 8 years old and he was advised at the time to plead guilty for a lighter sentence.
The conviction is for “ucidere din culpă” (negligent homicide/involuntary manslaughter from a traffic accident — not intentional murder). It involved a pedestrian crossing outside the crosswalk and fault was argued on both sides. He received:
suspended sentence
2 years probation
community service
no prison sentence
no warrant
Romanian probation authorities now want him physically present in Romania to begin supervision. They told him that after the initial appearance, most things could likely be managed remotely. The problem is that leaving the U.S. now may trigger unlawful presence bars and create serious reentry issues.
We already spoke with an immigration lawyer who reviewed the Romanian judgment and declined the case, saying adjustment of status may not be possible because of the conviction. Another concern is that emergency advance parole is not guaranteed and traveling itself may be risky.
We are now trying to understand:
whether this type of conviction is automatically disqualifying for marriage-based immigration
whether adjustment of status or consular processing is even possible
whether anyone has experience with foreign negligent homicide convictions in immigration cases
and what type of attorney specifically handles these situations
Not looking for moral judgment — just trying to understand realistically whether there is any legal path forward or what type of specialist we should contact.
Thanks.