QUESTION

Will the assault and battery charges affect the immigration processing?

Asked on Sep 05th, 2012 on Immigration - Texas
More details to this question:
N/A
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6 ANSWERS

Thomas J. Rosser
Yes.
Answered on May 22nd, 2013 at 3:47 AM

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USCIS (or Immigration Court, if you are already under proceeding) will wait until the criminal charges against you will be resolved. If the charges will be dismissed, they will have no effect on the immigration process. It is a conviction that you have to worry about. Please understand that having any criminal conviction at all will not work in your favor. However, some convictions are simply fatal for immigration law purposes because they put many forms of relief from deportation out of your reach. The rules are very complicated, and very few criminal defense attorneys know them. In my practice, we very often see clients who, following advice of their criminal defense attorney, enter a guilty plea in exchange for reduced charges and no-jail sentence - just to be arrested by the Immigration & Customs Enforcement and find that their freshly imposed criminal conviction made them defenseless in removal proceedings. Even getting them bailed out of the immigration detention becomes very difficult - and, sometimes, impossible. So don't agree to plea guilty only because the offer sounds good. Do not go without an attorney to the criminal court, even if you are innocent (*especially* if you are innocent!). If you are being offered a plea deal, ask your attorney how will the resulting conviction affect your eligibility for relief from removal, and don't settle for anything but a specific answer. If you can, consult an immigration attorney before going to the criminal court and ask your criminal defense attorney to check any proposed plea with your immigration attorney (or find an attorney who defends immigrants in criminal court as his or her specialty).
Answered on Sep 13th, 2012 at 10:11 AM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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Yes. Without knowing much more about what "immigration proceedings" means, it is difficult to provide you with an answer that makes any sense. Nonetheless, any arrest for anything that involves either physical contact or the threat of physical contact carries with it the distinct possibility that there will be an issue with any type of immigration matter that is pending or may be contemplated. Do the right ting and find someone in your area who can review the paperwork that you have regarding the matter and who can provide a recommendation either on how to proceed or on how to fix whatever has happened. Do not think that a good outcome on the criminal end of things will resolve outstanding issues. Rather, keep an immigration attorney and a criminal attorney working together to make sure that you have the advice that's needed and otherwise avoid taking a deal to get out of the criminal problem that otherwise screws you on the immigration matter.
Answered on Sep 13th, 2012 at 9:45 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It definitely can depending on exactly what the charges are and what you were convicted of. 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. Since we do not have all the facts, it is not really possible to answer with complete accuracy. 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 case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 13th, 2012 at 9:39 AM

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Rebecca T White
Yes, you will need to review your criminal charges with an immigration attorney.
Answered on Sep 13th, 2012 at 9:26 AM

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Bruce A. Coane
Yes. Any arrest will have some affect on an immigration case.
Answered on Sep 13th, 2012 at 9:25 AM

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