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?
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
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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.
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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.
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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Criminal Defense Attorney
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 construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.
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 informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.