Claymont, DE asked in Immigration Law for California

Q: My friend in India is trying to get a divorce from an NRI who is awaiting his green card in the US..

He is refusing to give her a divorce stating that the conditions for divorce (she has filed a few cases against him on domestic violence) will make him ineligible for a Green Card. his claim is that if he agrees to her terms on a Compromise for divorce in India, her cases against him, which are in fact true but she is willing to relent to some extent but not all of it since a couple of cases did deal are justified in her seeking justice, will threaten his green card application in the US or so he claims. I did a lot of googling and could not find any such threat of a civil court case in India threatening any Green Card Application in the US. Her lawyer thinks that he is using the green card ploy so as not to give her a divorce so that she withdraws all the cases against him and he has been constantly delaying the case.

Thus turning to lawyers who may advise on this subject. Can a civil case such as domestic violence in a foreign country threaten an applicants Green Card processing?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Only a criminal conviction for domestic violence can affect his application for a green card.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It can, yes. DV might be a civil matter in India, but it is a criminal matter in the US. Whether or not any admission of DV will depend on a number of factors, such as if he admits to it. There are no questions which specifically ask if someone has committed DV, but there are questions that relate to criminal background. If DV is a civil matter in India, it isn’t even likely to come up.

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