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F1 visa student who is convicted of crime: disorderly conduct--domestic abuse in wisconsin.
Anonymous3 views6 answers
The victim is my former roommate which we almost don't know each other. I know 'domestic violence' will trigger removal. However, I also notice in federal law, roommate are not considered 'domestic'. Is there any chance I can challenge the 'domestic' label in immigration grounds. I heard that immigration law are generally federal law.
Removal Proceedings and what happens there is very complicated. You need to speak to a licensed immigration lawyer with CIMT removal. You need to show your lawyer the conviction under WI law.
Frst off, it seems as if you are doing a lot of self-lawyering here rather than leaving it to an expert who went to law school for three years and then had to pass an extremely difficult bar exam in order to be able to practice. A roommate lives with you so would be a domestic partner in that respect. Furthermore, the immigration judge and government attorney will not let you re-litigate the findings made by a different judge - in other words, if you were convicted of something criminally, you need to challenge the conviction at the level and in the proceedings they were made. Finally, 'you' should not be challenging any of this by yourself. Do yourself a favor and hire an immigration attorney who has experience with post-conviction relief or who will work closely with a criminal attorney with post-conviction experience.
A dv disorderly conduct conviction in the State of Wisconsin is not generally not a crime if dv or a crime involving moral turpitude. Thus it will not trigger removal but you should still consult an experienced immigration attorney.
A conviction of a crime involving moral turpitude can get a person removed from the U.S., as well as denied admission. Domestic violence/disorderly conduct generally are not deemed crimes involving moral turpitude, however the specific statute makes a difference. You will need certified copies of the outcome of proceedings every time you seek admission to the U.S., and any conviction at all could have consequences for immigration and can be considered in exercise of discretion.
