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H1B with criminal charge wants to marry

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  • H1B with criminal charge wants to marry

    I am an H1-B visa holder which expires in 06/'03. In 2000, I plead guilty to a charge of Misdemeanour Child Abuse, stemming from injuries sustained while I was disciplining my teenage son. I have been dating a US Citizen (marital status: divorced) for about 4 years and we would like to marry. The questions I have are:

    How does this affect my application for Permanent Residence based on marriage?

    How would this effect a citizenship application at a later date, provided that I can get Permanent Residence?

    Any assistance in this regard would be most appreciated.

    Thank you

  • #2
    I am an H1-B visa holder which expires in 06/'03. In 2000, I plead guilty to a charge of Misdemeanour Child Abuse, stemming from injuries sustained while I was disciplining my teenage son. I have been dating a US Citizen (marital status: divorced) for about 4 years and we would like to marry. The questions I have are:

    How does this affect my application for Permanent Residence based on marriage?

    How would this effect a citizenship application at a later date, provided that I can get Permanent Residence?

    Any assistance in this regard would be most appreciated.

    Thank you

    Comment


    • #3
      An experienced immigration attorney should evaluate the actual penal statute you were convicted under, the maximum possible sentence you could have faced, and your immigration history in general. A conviction for child abuse may qualify as a crime involving moral turpitude under immigration laws. The question is whether or not it will qualify under the petty offense exception if you apply for permanent residency based upon marriage to a USC. Also, the same inquiry into your conviction will help determine if you are subject to deportability. A person convicted of a crime involving moral turpitude committed w/in 5 years after date of admission and is convicted of a crime for which a sentence of one year or longer is possible is deportable. You will always have to disclose that you have been arrested and convicted when asked by INS during inspection and/or in applications. Be sure to have copies of the disposition readily available for review. Don't conceal your conviction - it will lead to more trouble. Hope this helps.

      - rrv
      e/m: rvelasquez@srs-law.com

      Comment


      • #4
        Thank you for your assistance.

        Comment


        • #5
          I need advice from a good immigration attorney in North Carolina. Any suggestions?

          Thank you

          Comment


          • #6
            Sorry, what I need are recommendations for immigration attorneys in North Carolina.

            Comment


            • #7
              How was the case resolved after being convicted? What do the court papers say?

              Comment

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