Announcement

Collapse
No announcement yet.

CIMT, Domestic Violence, and Adjustment of Status

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • CIMT, Domestic Violence, and Adjustment of Status

    Howdy, here's my situation:
    I currently have V-1 status, I-130 petition filed by my LPR spouse still pending, spouse recently applied for naturalization, most likely the events will coincide (spouse becoming naturalized and my priority date becoming current) sometime in fall 2004. Back in 1999, I was arrested for simple battery and obstruction of 911 call, since my spouse was the victim, obviously the context of domestic violence is significant. I went with NOLO CONTENDO i.e., no contest through Pre-Trial Intervention program, and finished my community service in December 2000. Now that I am looking into applying for adjustment of status, the prospect appears rather grim. Am I heading for impending doom when I apply for AOS? Am I left to those special waivers removing inadmissibility/deportation de facto immigration judge/BIA/Ashcroft's whim as my last resort? What say you folks? Much obliged for your input.

  • #2
    Howdy, here's my situation:
    I currently have V-1 status, I-130 petition filed by my LPR spouse still pending, spouse recently applied for naturalization, most likely the events will coincide (spouse becoming naturalized and my priority date becoming current) sometime in fall 2004. Back in 1999, I was arrested for simple battery and obstruction of 911 call, since my spouse was the victim, obviously the context of domestic violence is significant. I went with NOLO CONTENDO i.e., no contest through Pre-Trial Intervention program, and finished my community service in December 2000. Now that I am looking into applying for adjustment of status, the prospect appears rather grim. Am I heading for impending doom when I apply for AOS? Am I left to those special waivers removing inadmissibility/deportation de facto immigration judge/BIA/Ashcroft's whim as my last resort? What say you folks? Much obliged for your input.

    Comment


    • #3
      It actually depends on what the state statute of
      conviction is. If the statute is not defined as a domestic
      violence where physical violence is involved and the conviction record doesn't show the relationship, you are probably fine.
      Also the maximum possible sentence upon which the "no contest" plea was entered should not exceed one year or more.

      Comment


      • #4
        The maximum possible sentence does not exceed one year for both simple battery and obstruction of 911 call; because I was charged with both (battery and obstruction) does that mean I have more than one CIMT? What do you mean by state statute of conviction? The conviction record does show relationship (spousal) as far as I remember.

        Comment


        • #5
          Anyone else care to comment?

          Comment

          Sorry, you are not authorized to view this page

          Home Page

          Immigration Daily

          Archives

          Processing times

          Immigration forms

          Discussion board

          Resources

          Blogs

          Twitter feed

          Immigrant Nation

          Attorney2Attorney

          CLE Workshops

          Immigration books

          Advertise on ILW

          EB-5

          移民日报

          About ILW.COM

          Connect to us

          Questions/Comments

          SUBSCRIBE

          Immigration Daily



          Working...
          X