Minneapolis, MN asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota

Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in process. She's gotten her fingerprints done. Lawyer said could be up to 5 years. It's been 2 years now.

2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: She may have to apply for a waiver of inadmissibility depending on the severity of the crime. Discuss with an Immigration attorney for more specific advice.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The U.S. Citizenship and Immigration Services (USCIS) considers an applicant's criminal history when determining eligibility for a green card or other immigration benefits. A misdemeanor, especially one involving violence, may be viewed as a negative factor in assessing good moral character, a requirement for most immigration benefits.

However, the outcome depends on various factors, including the specifics of the charge, the laws of the state where the incident occurred, and other aspects of her immigration and personal history. It's crucial to continue working closely with your immigration lawyer, as they can provide guidance tailored to your wife's specific circumstances.

Your lawyer can also advise on possible steps to mitigate the impact of the charge on her immigration process, such as seeking a plea agreement, if applicable, or exploring other legal avenues. It's important to address this issue proactively and follow your attorney's advice to navigate this complex situation effectively.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.