Immigration/Domestic Violence

Asked about 1 year ago - Riverside, CA

Will a domestic violence charge (PC 243 (E)(1) affect someone being able to become a citizen? He is currently a resident. Will this affect his immigration status?

Attorney answers (6)

  1. Jeff L. Khurgel

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . The date of the incident and the date of the end of probation are relevant in determining Good Moral Character required for Naturalization. Whether or not this considered a crime involving moral turpitude or a domestic violence crime is also relevant. You'll want to bring a certified copy of any arrest, charges, disposition and probation completion documents to an immigration attorney's office for review prior to filing for Naturalization. Best of luck.

    Jeff Khurgel
    Khurgel Immigration Law Firm -- Representing Clients in All 50 States
    Office (949) 509-6515
    Web www.khurgel.com
    Email info@khurgel.com

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.... more
  2. Nassim Arzani

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Do not file for naturalization yourself! You need to retain an experienced immigration attorney to do the process for you. If it is done incorrectly you will be placed in removal proceedings and will have to incur additional expense in retaining an attorney to represent you before the Immigration Court. This can be avoided by retaining an experienced attorney to determine your eligibility for naturalization.

  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . It could.

    The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.

    You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Mayra L. Calo

    Contributor Level 9

    4

    Lawyers agree

    Answered . Any criminal history can have severe immigration consequences. The resident should consult with an immigration attorney immediately before conclusion of the criminal case in order to best fashion an end result with minimal consequences if possible

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Francis John Cowhig

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I am assuming that he has already been convicted. Penal Code Sec. 243(e)(1) could be an aggravated felony as a crime of violence if you are sentenced to 1 year or more or if the record of conviction shows violence beyond mere touching and could make you removable/deportable. I strongly suggest that he contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze his case and advise him of His options. He should also bring all documents pertaining to his conviction for the attorney to review.

    Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be... more
  6. Arturo Angel Burga

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Yes; but he should get an Immigration Attorney to help him negotiate the record of conviction. By itself, this charge will have serious immigration consequences depending on the sentence. There is specific language that based on the evidence against him can be put in the record of conviction.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,335 answers this week

2,904 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,335 answers this week

2,904 attorneys answering