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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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
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.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
I agree that it is highly unlikely to be a CIMT. Further, even if it is a crime of violence or for that matter a crime of domestic violence, neither of those types of offenses are grounds of inadmissibility. Thus it appears that you can get an immigrant visa.