Hi, my wife got arrested a few days ago for domestic violence California PC 243 (e) (1) - domestic assault misdemeanor which is less than the more serious charge of PC 273.5.a. Long story short - she slapped me a few times and I dialed 911. No injuries to anyone. I thought the police would talk her down and leave but instead they put her in handcuffs and took her to jail. I bailed her out and hired an attorney to defend her. My wife is on a K3 spouse visa and here in the US for about 6 months now. I am a US citizen. Now, the DA did not file charges and probably will not in the future (they have one year to decide). I will not file charges either. My attorney thinks that there will be no charges filed ever. Hence there will be no trial or conviction or dropping of charges (since no charges were ever filed). In that case my question is:
1. Is 243 (e) (1) considered a crime of moral turpitude?
2. Will this impact her AOS in any way?
3. Can she travel internationally right now or will she be in trouble at the airport with immigration (arriving or departing)?
I have an immigration attorney on the case but thought I would check with people with similar experiences in this forum as well.
Your advice will be sincerely appreciated.
Thanks!
1. Is 243 (e) (1) considered a crime of moral turpitude?
2. Will this impact her AOS in any way?
3. Can she travel internationally right now or will she be in trouble at the airport with immigration (arriving or departing)?
I have an immigration attorney on the case but thought I would check with people with similar experiences in this forum as well.
Your advice will be sincerely appreciated.
Thanks!