arrested as pc243(e)(1) in 2013 can this prevent me getting a green card through marriage?

W

wonkyu

New Member
i am f-1 student and recently got married with a citizen

i went to see a lawyer to discuss about green card application

lawyer said that, due to my domestic violence record, i can be detained and get deported at the visa interview

i was charged with pc243(e)(1), 1 month sentence and $800 fine, no restraining order

i expunged my case in 2017, although i heard it doesn't affect anything in terms of green card application.

my current wife was the victim

there is really no way at all for me to apply green card?
 
Expungement doesn't matter in immigration cases, only thing that does is make it impossible to get original disposition
Which you would have had to send in with expungement application to get the expungement

So hopefully you had more than 1 certified court copy of that or you're going to need the final order of expungement to apply


Fact that your current wife is the victim and will be petitioning for you is a good thing

sounds like the lawyer is giving you the "the very worst case scenario " of what can happeN
 
One case of domestic violence should not necessarily prevent you from filing for permanent residence. Depending on the level you were convicted of, it may not be an aggravated felony.

https://www.ilrc.org/sites/default/files/resources/n.9_violence_dv_child_abuse_2014_final.pdf A conviction of a “crime of violence” defined at 18 USC § 16 is an aggravated felony if a sentence of one year or more is imposed on any singled count. 8 USC § 1101(a)(43)(F).

I also believe the lawyer is giving you the "the very worst case scenario
 
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