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I'm a US citizen and I married my wife (tourist) - She was taken to jail for battery, she plead no contest.

Miami, FL |

I'm a US citizen and I married my wife, who had at the time a tourist status in this country. We sent the form I485 two months ago, she alreay got the appointment for fingerprints, and they told us to wait in order to get an approval for the petition of residence. Just two weeks ago, we got into an argument and she was taken to jail for battery. She had no prior criminal record, and she was offered a PreTrial Diversion Program to drop all charges at the end of the program and qualify for an expungement.
My question is the following; Would the ISCIS put a hold in the immigration process because of this incident, more specifically for the I485? How long does it usually take to get an approval for I485?

This is an updated, according to court files, she was charged with Battery under Misdemeanor type, and the disposition is under Deffered Prosecution Program. Still, would the USCIS hold the I485 process until she finishes the program? By the way, she has to attend this program for at least 26 weeks. Thanks in advance for the legal advice!

Attorney Answers 3


  1. Best answer

    She will likely be placed on hold. It's difficult to say how long it will delay the process. This was not a crime of moral turpitude and it was dismissed, so it is not likely to prevent her approval.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


  2. Yes she will probably be placed on hold. We need to know what exactly she was charged on. I will recommend hiring a lawyer familiar with your state's criminal laws and immigration law.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC

    The Law Firm Deals in Immigration law & Debt Settlement Negotiations.

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client


  3. A conviction or guilty plead of domestic violence against certain household members is a basis for deportation from the US. Battery against a spouse likely is domestic violence.

    The pretrial diversion program likely has a provision that your wife would be found guilty if she does not comply with all the requirements.

    Your wife should review her specific facts with her attorney to find out her legal options.

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