Can my wife help me to get my green card even she’s in probation for 5 years and has felony ?

Your wife as a United States Citizen has the constitutional right to contract marriage to any person of her choice and has the legal right to file a petition for alien relative on behalf of her husband that, if approved, will result in the immediate availability of an immigrant visa on behalf of her foreign husband because there are no numerical visas limitations for immediate relatives of United States Citizen.

Your question is based on the fact that you are the spouse of a person who has been engaged in the narco traffic of drugs and you must have become aware of a particular ground of inadmissibility found in the section 212 of the INA that renders inadmissible an individual who is the spouse or child of a person engaged in narco traffic and who has benefited financially of the funds generated from the illicit activity and the person knew or had reason to know that the financial benefit she or he was getting was from the drug business.

There are several factors to consider in answering your question.

Let’s start with the issue of whether or not you are required to obtain an immigrant visa in the USA or abroad.

You will be able to apply for an immigrant visa in the United States if you were inspected and admitted or paroled at the port of entry, even if after entry you violated your immigration status. If you were not, and you first entered illegally you must secure an immigrant visa abroad.

When you apply for an immigrant visa several questions are presented to the alien applicant and this particular one is one of them.

So, the statutory provision that contains this particular ground of inadmissibility must be analyzed to determine whether or not the foreign spouse of a United States Citizen engaged or who has engaged in the past in the narco traffic and who has financially benefited from the proceeds of the narco traffic and who has or had reason to know that the financial benefit he received was from the narco traffic can be denied admission and therefore barred from obtaining an immigrant visa based in his legitimate marriage to a US Citizen.

So, it is an essential element of the statutory ground of inadmissibility here in discussion that the spouse is or was In the narco traffic business, that the foreign spouse financially benefitted from the proceeds of the spouse’s illicit business and that he knew or should have known that the financial benefit came from drug business.

Then, it is a very important issue whether the United States Congress intended to exclude the spouses of United States Citizens who are or were engaged in the narco traffic business because of the right a citizen has to marry any person of his or her selection and because the immediate availability of a visa for spouses of US Citizens.

In my interpretation of the statutory provision, if the elements that constitute this specific ground if inadmissibility are present and the foreign spouse benefited from the illicit activity, knew that he was benefiting or should have known he can be denied an immigrant visa.

However I will conduct further research to confirm my initial legal opinion and if after additional research find out that I made an incorrect application of the law I will supplement my answer with the proper opinion.