Q: can some one B1 or B2 visa with domestic violence get a immigration or get green card ?
this person also went to jail for his action. he hit and grab his wife on he road and some people saw that and call the police for that.
the witness did give them a statement against him as well
wife also pregnant an surviving in mantle torture
this thing happened like 3 months ago and his wife didn't pursue on him and he get a dismiss from the court, and he also get a approval from the immigration that his case is approved and get a temporary green card.
A: Depends if he was convicted, and on what crime he was convicted. There are many levels of DV. Also, the officer might want to know what happened. You say the case was dismissed from the court, so it depends on what you mean by this. If the person was never actually convicted, then this wouldn't matter at all.
Kiele Linroth Pace agrees with this answer
A: A clean dismissal won't change his status to that of a deportable alien. If he was convicted of misdemeanor assault, it depends on the level of the offense and whether the charging document listed reckless as a culpable mental state. The 5th federal circuit court has ruled that domestic violence misdemeanors for which conviction could be based on an act committed RECKLESSLY are not Crimes Involving Moral Turpitude in an immigration context because those crimes must be based on acts committed intentionally or knowingly. For the best answer to this question, you should consult an immigration lawyer who practices in Texas.
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