QUESTION
Am I eligible for adjustment of status if I was arrested 2 years ago for domestic violence?
Asked on Mar 13th, 2013 on Immigration - New York
More details to this question:
I am married to a US citizen and we have a 3 month old child. My ex boyfriend and I were screaming at each other in the car and the neighbors called the police. He tried to get out of the car so I grabbed his shirt to stop him. It left scratches on his body. When the police arrived, they arrested me for the scratches on his body. He did not press any charges but I was still arrested. I took anger management classes and was in supervision for 6 months. The disposition says domestic violence, but at the court in front of the judge, my social worker said they considered the case as disorderly conduct. Why does it appear as domestic violence - bodily in the certified disposition? I entered the United States involuntarily when I was 14 with my parents on a tourist visa.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. Be sure to bring any paperwork from the court, such as criminal complaint, sentencing sheet, docket sheet, disposition, etc., for the attorney to review.
Answered on Mar 14th, 2013 at 6:45 AM
You should be careful when applying. A person convicted of DV crime is deportable, but not inadmissable. So, you can adjust but it's up to the USCIS.
Answered on Mar 14th, 2013 at 5:06 AM