QUESTION

Could this be a felony expungement and cause of deportation?

Asked on Aug 01st, 2013 on Immigration - California
More details to this question:
In a fight stronger than usually with my husband, I called the police and he was arrested and spent 2 days on jail he paid a bail to get out, but the New Mexico State put charges on him for:" Battery against a household member", which were dismissed latter without prejudice. I got an restraining order from the courthouse too, for death threat and attempt to rape but he never punched me. Later on, we reconciled and ask the court to dismiss the restraining order and they did, but before we accomplished a couple counseling. The thing is that his permanent resident card is about to expire (he have been permanent resident for almost 20 years and never had problems before). I'm worried if he will have problems to renew. Or if when the immigration service take his finger prints will appear a record of the incident. Thank you, very much!
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4 ANSWERS

Criminal convictions can always be an issue for immigration.
Answered on Aug 02nd, 2013 at 6:41 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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If there were no charges filed against him, he should be able to renew his Card.
Answered on Aug 02nd, 2013 at 12:13 PM

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Immigration Law Attorney serving Chicago, IL
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It is wise to have a competent and experienced immigration attorney to carefully review the criminal court records before filing. A domestic battery may be a reason to deport a greencard holder.
Answered on Aug 02nd, 2013 at 11:37 AM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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If he was not convicted of any crimes, then he should have no problems. He may need to provide proof that the arrest did not result in a conviction.
Answered on Aug 02nd, 2013 at 10:46 AM

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