Rockville, MD asked in Criminal Law, Domestic Violence and Immigration Law for Maryland

Q: Will past domestic violence cases affect wife's F2 visa?

My wife lived in the United States for the past 10 years and is currently in India. She is applying for an F2 visa and will attend the consular interview. We had disputes, leading her to file domestic violence and another criminal case against me in India. These cases were recently dismissed through a mutual agreement facilitated by our families and well-wishers; we have court documents to support this. She has never had visa problems previously, having been issued a B1/B2 in 2014, F1 in 2015, and H1B in 2021. Will these cases affect my wife's F2 visa interview?

2 Lawyer Answers

A: If I’m reading your facts correctly, these cases were brought against you, not against her. You were the alleged perpetrator, she was the alleged victim. In that case, they will have no affect at all.

James L. Arrasmith
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Answered

A: Dismissed domestic violence charges may prompt heightened scrutiny during the consular interview, as immigration officers typically evaluate an applicant's overall suitability and character. For visa applications, especially nonimmigrant visas like the F2, dismissed charges may prompt heightened scrutiny where consular officers might seek context regarding the dismissal to assess the applicant's suitability. Your wife should be prepared to address these cases if asked during her interview.

The court documents showing the dismissal of these cases through mutual agreement will be crucial evidence in your wife's favor. While some expunged or dismissed convictions may still be considered for immigration purposes, cases dismissed on their merits (rather than through completion of a rehabilitation program) are generally not treated as convictions. Since your wife has a history of successfully obtaining U.S. visas (B1/B2, F1, and H1B), this positive track record may work in her favor during the evaluation process.

I recommend that your wife be honest if asked about these cases during her interview, emphasizing that they were dismissed through mutual agreement and providing the supporting documentation. Providing evidence of good moral character, if applicable, can help mitigate concerns during the visa application process. Given that these cases were filed in India and subsequently dismissed, and considering your wife's previous successful visa history, these factors collectively suggest that while the cases may be reviewed, they might not necessarily prevent her from obtaining the F2 visa if all other requirements are met.

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