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.
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.
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.
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