QUESTION

Can I petition for my wife for a green card after I have committed 2 domestic violence harassment misdemeanors against her ?

Asked on Dec 03rd, 2018 on Immigration - Colorado
More details to this question:
I had an i130 interview on 11/9/18 and havenโ€™t heard back anything from immigration as of yet my wife was not present for the interview my attorney who I have since let go of advised against my wife being there due to a removal order from 2012
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Even though you have committed domestic violence harassment misdemeanors against your wife, that does not preclude you from sponsoring your wife for residence status. However, whether U.S.C.I.S. will approve an I-130 petition where the beneficiary is not present at the interview is highly questionable. I do note that there is a recognized risk during these years of the Trump administration that persons who appear for I-130 interviews and who have final removal orders may be arrested by ICE and subject to immediate removal. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    
Answered on Dec 29th, 2018 at 9:11 AM

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