Hello, thanks for your help in advance..!
My story: My wife and I were intoxicated and argued in public. Stranger called police. I got arrested for dv assault misdemeanor. Went to trial because I did not commit the crime. No injuries at all (Police checked). My wife insisted that I didn’t harm her from the night of the arrest to the trial). I was still found guilty by the jury because they believed the 2 witnesses who said that I punched her in the face. Judge gave me a 2 year deferred sentence as I had no prior criminal history and good grades in college. I did not appeal for another trial as I had had enough both financially and psychologically. I was ordered to do 40 hours of community service, 1 year of dv program, and 2 years of probation and after the probation, the case will be dismissed.
I recently hired an immigration attorney for my adjustment of status through marriage. I am an international student with F-1 visa now terminated. (I’m a junior in college and entered US as a student, but after getting married to my wife (US citizen), I stopped going to school). It has only been couple of months since I became legally out of status. My immigration attorney wanted me to file an adjustment of status application (I-485, I-130, biometrics, etc), so we’re almost done submitting the application. The attorney says that USCIS will most likely wait until my case gets dismissed, meaning I successfully complete all the conditions of the deferred sentence. He says that I should still submit the application so that I become pending status of adjustment of status so that I don’t get deported by being out of status.
My questions are…
1. Do you think what my immigration lawyer says is true? Will USCIS not grant me a green card with the open dv case that will be dismissed in two years? My lawyer says that I will still have an interview and fingerprint test, etc. If I explain to the USCIS officer what happened to me and I did not commit the crime, is there a slight chance of approving at all?
2. If I have to wait, then if I comply with all the court requirements and get the case dismissed, then would I be able to get the green card? Would I have to file the application again?
My story: My wife and I were intoxicated and argued in public. Stranger called police. I got arrested for dv assault misdemeanor. Went to trial because I did not commit the crime. No injuries at all (Police checked). My wife insisted that I didn’t harm her from the night of the arrest to the trial). I was still found guilty by the jury because they believed the 2 witnesses who said that I punched her in the face. Judge gave me a 2 year deferred sentence as I had no prior criminal history and good grades in college. I did not appeal for another trial as I had had enough both financially and psychologically. I was ordered to do 40 hours of community service, 1 year of dv program, and 2 years of probation and after the probation, the case will be dismissed.
I recently hired an immigration attorney for my adjustment of status through marriage. I am an international student with F-1 visa now terminated. (I’m a junior in college and entered US as a student, but after getting married to my wife (US citizen), I stopped going to school). It has only been couple of months since I became legally out of status. My immigration attorney wanted me to file an adjustment of status application (I-485, I-130, biometrics, etc), so we’re almost done submitting the application. The attorney says that USCIS will most likely wait until my case gets dismissed, meaning I successfully complete all the conditions of the deferred sentence. He says that I should still submit the application so that I become pending status of adjustment of status so that I don’t get deported by being out of status.
My questions are…
1. Do you think what my immigration lawyer says is true? Will USCIS not grant me a green card with the open dv case that will be dismissed in two years? My lawyer says that I will still have an interview and fingerprint test, etc. If I explain to the USCIS officer what happened to me and I did not commit the crime, is there a slight chance of approving at all?
2. If I have to wait, then if I comply with all the court requirements and get the case dismissed, then would I be able to get the green card? Would I have to file the application again?
Legal Permanent Residency: Can I Get a Green Card While on Deferred Sentence for Domestic Violence Misdemeanor
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