Thomas Esparza & Jacqueline L. Watson, Immigration Specialists Austin, TX Va. Assault not CIMT
Written by: Thomas Esparza Jr.
Assault Battery Family Family Immigration Immigration
Posted 6 months ago.
Matter of SEJAS, 24 I&N Dec. 236 (BIA 2007)
The offense of assault and battery against a family or household member in violation of section 18.2-57.2 of the Virginia Code is not categorically a crime involving moral turpitude. He stated that assault and battery 18.2-57.2 is non CIMT.My conviction is argument with husband she hit and bit he called police she admitted ,no contest victim is present and agrees with above found guilty.9 months in jail,6 months suspended time served 1)GGB 2)take prescribed medication 3)no act of violence.Can I get non Immigrant visa?
Although not likely a CIMT it could nevertheless be deemed a crime of violence, which would make you inadmissible. It depends on the jurisdiction. I suggest that you hire an experienced immigration attorney to review your entire conviction record.
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It is impossible to provide a legal opinion as to whether an alien will be able to secure an immigration visa. It is necessary that you contact an experienced immigration attorney and examine the facts of your acse and provide you with a legal opinion as to your options. When the BIA makes a determiantion on a case before it, it is like any other administrative court in the applicability of the decision to other later cases. This is why there is often a series of BIA decisions that are inconsitent on its face but consistent when the facts are hashed out. Good luck.
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