QUESTION

What can I do if I am a green card holder arrested for domestic violence?

Asked on Dec 06th, 2012 on Immigration - California
More details to this question:
My wife and I got into a dispute a few weeks ago, where it turned into pushing and shoving. I pushed her with my hand but hit her face, she called the cops and got me arrested. I turned myself in as soon as she told me what she had done. I spent 1 day in bookings, I am not allowed to go to the house. She dropped the charges on me. I was in the process for my 2nd parts of immigration, my 2 year card expires this month. I took my fingerprints and did my paper work. I have not been convicted yet. What can happen to my paper work?
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3 ANSWERS

Alex Troyb
Unfortunately this is a very complicated question. As far as your paperwork, there is a chance that it was already processed. On the other hand, this could delay things quite a bit. Ultimately, a lot will depend on the charges against you, and the final disposition of your criminal case. I would strongly advise you to retain a criminal lawyer familiar with the immigration consequences of criminal convictions (or a criminal attorney and an immigration attorney) as some convictions can lead to deportation, even for a green card holder. It could also impact your ability/timing to obtain citizenship down the road.
Answered on Dec 09th, 2012 at 6:40 PM

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Criminal Defense Attorney serving Alhambra, CA at 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. Although you have not been convicted, you have been arrested. If you are scheduled for an interview, and are asked about any arrest, you will have to admit to the arrest and probably have to explain to the immigration officer the facts surrounding the arrest. The fact that your wife wants to drop charges, may or may not help you. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. Although the "victim" (your wife) may wish to have the charges dropped or dismissed, the final decision will be up to the D.A. Domestic violence is characterized as a crime of violence which will make you deportable, if convicted. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your situation. They would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 07th, 2012 at 2:10 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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It is important you get a criminal lawyer as well as an immigration lawyer and that they work together unless the charges will be dropped. Are you and your wife still together? Will you be filing jointly to remove conditions on your PR?
Answered on Dec 07th, 2012 at 1:46 AM

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