QUESTION

How do I fix my papers if I have two misdemeanors?

Asked on Mar 02nd, 2016 on Immigration - New York
More details to this question:
I am illegally here in the US. I just got married to a US Citizen approximately 4 months ago and been together about 4 years with two kids and are dependent of me as I'm head of household. My wife wants to assist me file. I am in need of a good and affordable lawyer as I have two (2) misdemeanors. 1. For driving w/o a valid license 2.Misdemeanor for Domestic battery {which is false} as my wife the victim put me in that predicament and nailed my out and wanted to press no charges but state took over. I guess and it stayed on my record and I went to juvenile a program.
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1 ANSWER

There are many questions that have to be answered before anything could be decided about your case. When did you come to the U.S. and did you come legally? How old were you when you were convicted of domestic battery? What was the section of the law the conviction says you violated? Were you convicted after a guilty plea or after a trial? What was the sentence? What was the date of conviction? If you were put on probation, when did it end? As you begin to answer these questions, more questions will come up. It just would take too much time to do this consultation like this, in writing. Besides, there are questions and answers that should not be posted on an open forum. You really should get a consultation in an attorney's office. First, you need an immigration attorney. If he (or she) determines that it is necessary to go back to the criminal court and reopen your conviction, you would need a criminal defense attorney (unless your immigration attorney has experience in criminal practice, too). But it might be possible to fit your case into one of the exceptions under the immigration law and skip the expense and the hassle of trying to wipe out your conviction, so, talk to an immigration attorney first.
Answered on Apr 04th, 2016 at 4:25 AM

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