QUESTION
What does assault and battery 1st offense mean and does it affect with processing an immigration status app?
Asked on Jul 10th, 2012 on Immigration - Texas
More details to this question:
My husband is applying for a US resident card but we had an argument in 2007 and when I went to get the court documents it states it as assault and battery (domestic violence) 1st Offense? Will this affect the application?
11 ANSWERS
Thomas J. Rosser
"Assault and Battery" (First Offense), usually termed "Simple assault and battery" is generally not considered to be a crime involving moral turpitude (CIMT) [Matter of Perez-Contreras, 20 I&N Dec. 615 (BIA 1992) (citing Matter of Short, 20 I&N Dec. 136 (BIA 1989)]. However, in the context of domestic violence there is always a strong possibility that it will affect an adjustment of status application. Whether an offense committed in a domestic violence setting can also qualify as a crime involving moral turpitude (leading to the denial of his adjustment application) depends on the specific set of facts and the interpretation of same. You should contact and engage an experienced immigration lawyer who specializes in criminal defense litigation as a further resource in this matter.
Answered on Aug 10th, 2012 at 3:53 PM
Appellate/Appeals Attorney serving Denver, CO
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Law Office of Michael P. Gianelli, LLC
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You should definitely speak with an immigration attorney and bring the court documents to the appointment. Is it first degree assault? Is that just the charge? Did he plead to something else? What was the sentence? Assaults can be construed as crimes involving moral turpitude, and he may need a waiver of inadmissibility. It would be unwise to proceed without an immigration attorney.
Answered on Aug 10th, 2012 at 3:53 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Hello: Yes, he will most likely need a Waiver. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on Aug 10th, 2012 at 3:52 PM
Yes, it could possibly effect your husband's eligibility to adjust his status to a lawful permanent resident. An assault conviction could be considered a crime involving moral turpitude; as such, a conviction for this offense may preclude your husband from being admissible into the United States and possibly from establishing good moral character. Thus, it makes it necessary to evaluate and review the conviction documents to assess properly its legal impact. It is very important that you see an attorney that has expertise in immigration law. I was a former Senior Attorney for Immigration and Customs Enforcement (ICE) for 17 years. I recently left ICE and I am now in private practice assisting the immigrant community. Please feel free to contact my offices for further consultation on this matter.
Answered on Aug 10th, 2012 at 2:11 PM
Domestic Violence can always affect ones immigration status and can subject a legal permanent resident (LPR) to deportation. Prior to applying for citizenship you need to contact an immigration attorney.
Answered on Aug 10th, 2012 at 9:57 AM
Rebecca T White
Yes, this will impact the application. You need to take the court record in to an immigration attorney along with his immigration history. Some domestic violence offense are deportable offenses. The record will need to be very carefully examined.
Answered on Aug 09th, 2012 at 8:13 PM
More information is needed. The facts surrounding the case may be a part of the record. If you were physically injured, then this can complicate matters. I strongly recommend an appointment with a competent and experienced immigration visa attorney.
Answered on Aug 09th, 2012 at 5:54 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If your husband was convicted or pleaded to a crime involving Domestic Violence, it could affect his immigration process as a crime of violence. It will depend on exactly what he pled to and how his plea was worded. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Aug 09th, 2012 at 5:42 PM
Immigration Law Attorney serving Diamond Bar, CA
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Emmanuel Osagie Eke & Associates
Domestic violence is a deportable offence, whether first conviction or not. Contact an immigration attorney for a detailed evaluation of your husband's criminal background and available relief's.
Answered on Aug 09th, 2012 at 5:38 PM
Trusts & Estates Attorney serving Irvine, CA
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Sally Amirghahari, J.D., LL.M
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The short answer is yes. However, it would be best to take his court documents to an immigration attorney so that the attorney can review it in details as to the criminal charges. Also, the impact of criminal charges on a petition depends on whether he served jail time or not if so, for how long or was he on probation? Did he complete his probation or was he given something else? Also, it is important that 5-years has passed since his first offense Therefore, as I suggested earlier you should take his court paper to an immigration attorney prior to filing for a petition. Let us know if we can assist you in this matter.
Answered on Aug 09th, 2012 at 5:37 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. It is a problem because he may be deemed inadmissible and required to file a waiver on form I-601.
Answered on Aug 09th, 2012 at 5:28 PM