Visto n' Visa
Blog
Notícias e artigos
Destinations
Careers
Immigrants

My spouse is a dependent but has pending criminal cases. Does this affect the case?

Pending criminal cases of the dependent may affect the EB-2 NIW visa; each case is assessed individually and requires specialized analysis and transparency.

Written by

Victoria Harper

Editor-in-Chief

Updated on December 9, 2025
2 min read
Share

The immigration process for the United States involves a thorough analysis of both the principal applicant and the dependents, and it is important to be attentive to details that may influence the outcome of the case.

In the context of the EB-2 NIW visa, where one is expected to demonstrate special qualifications and substantial benefits to the country, issues related to criminal records must be handled with caution. When a dependent has pending criminal cases, this can indeed affect the progress of the case.

Generally, U.S. authorities assess the admissibility of applicants and their family members, considering aspects related to security and public integrity. Even if the dependent is not the principal applicant, a criminal record may lead to the need for additional procedures, such as waiver applications or even the adoption of measures duly justified under the law.

It is essential to emphasize that each situation is unique. The nature of the criminal cases, the stage they are in, and their developments are elements that can significantly change how the case is evaluated by immigration authorities. Therefore, it is crucial that all information is presented completely and transparently during the process.

Always remember the importance of complying with U.S. immigration laws and seeking guidance from specialized professionals for a detailed analysis of your case. There are many campaigns and promises of miraculous solutions guaranteeing results, but it is critical to avoid falling for scams or dubious marketing strategies.

This response is for informational purposes only and does not replace personalized and in-depth legal consultation. If you have specific questions or wish to discuss measures to be taken, we recommend seeking assistance from experienced immigration professionals.

Learn more about EB-2 NIW

Category
EB-2 NIW Green Card
Self-petition
Allowed (no sponsor needed)
PERM
Waived
Processing
12-36 months
All about EB-2 NIW
Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

My spouse is a dependent but has pending criminal cases. Does this affect the case?

Pending criminal cases of the dependent may affect the EB-2 NIW visa; each case is assessed individually and requires specialized analysis and transparency.

Recommended reading about EB-2 NIW

More content about EB-2 NIW