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My husband is a citizen, he is going to be charge with 2 misdemeanor for domestic violence can he still apply for my paper?

Santa Ana, CA |

he is citizen and i am from Peru , i came here with visa , legally and now we are together 6 months , we had a fight , he went to the jail for 2 days , the judge in criminal court put a restrainer order against him for 3 years but is temporally , i want to remove the restrainer order because he is not a criminal but since he touched me in the fight now he has 2 charges , vandalism and corporal injury , because he was pulling me outside the apartment thats it . he is going to plead guilty because he wants to save our marriage , we want to make sure if he is still available to be my sponsoir and a apply for my adjustment status , i have a visa for 10 years . tourist visa and my record is clean here and in my country . but with this problem even when those charge are just misdemeanor we are afraid for t

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Attorney answers 2


Do you wish to proceed with the matter? If you are not interested in prosecuting, then I suggest that you contact an experienced attorney to protect your rights.

Many respectable attorneys offer free consultation. You should contact one immediately.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


First your husband should not just plead guilty. He should have an experienced criminal defense attorney review his case and work out the best deal with the district attorney. By your husband pleading guilty it could destroy the marriage rather than save it. Once his criminal case is resolved you will need to discuss everything with an immigration attorney.

Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at