QUESTION

If my husband was charged of domestic abused and now he was applying for his citizenship, what will happen?

Asked on Feb 20th, 2017 on Immigration - Georgia
More details to this question:
There was an altercation between my husband and I where I had to call the cops on him to get him out. He's a LPR. The state was the one that actually pressed charges against him. That happened 6 months ago. Now that he applied for his citizenship he has to submit evidence in 30 days regarding the arrest. Is there anything we can do to get over this because I'd like to file for adjustment of status since I'm out of status?
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
A full legal analysis about your husband's eligibility for naturalization will depend upon the outcome of the criminal charges. Domestic violence indeed can stand in the way of naturalization eligibility and it even can have more harsh immigration-related consequences. It would have been wise to have engaged an immigration attorney at the time your husband first was arrested and also at the time your husband applied to become a naturalized citizen, so that the issue could be fully addressed at that point or points. Note that some criminal case dispositions that are not convictions in the criminal legal context still can be treated as convictions by the USCIS - that often turns on whether a defendant has admitted to the elements of the offense in connection with pretrial diversion or a similar disposition. There really is no substitute for consulting with an immigration attorney now. After learning all of the relevant information and seeing the court-certified disposition documents, an immigration attorney could advise about eligibility and about steps to take at this point - and that is true regardless of whether the criminal case already has been concluded.
Answered on May 17th, 2017 at 7:14 PM

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