My husband was brought under K-1 Visa in 2013. he received his Residence June 2014 and this year we need to remove the conditions on his green card. We had a problem in September 2015 and he was charged with Family Assault Class A misdemeanor in Texas. He was offered time served 2 weeks and a fine of $150 since it has been his first offense and he had no previous criminal record. He was only in jail 1 week until his bond was set that I paid for and they said the other week would just be waived. We have joint accounts together, file taxes together, have the lease under our name, and we are expecting our second child due in July. What can be the best way to go on filing for his removal of conditions? We are willing to go to immigration interview, explain the situation and show proof of our marriage. We have an 18 month old whom he takes care of while I go to my university classes in the evening. Any major changes in our family would result in negative effects for out son and our family. My son and I need him and our little one on the way needs us too. Any advice would be greatly appreciated.
You should file the application and attach a certified disposition. See an attorney to evaluate whether this offense could subject him to removal from the U.S.
Your husband's situation requires the attention of a qualified immigration lawyer. A conviction for a crime that could be classified as a crime of domestic violence could have very serious consequences. Schedule an appointment for a consultation right away.
You definitely should consult with an immigration attorney who understands the implications of the criminal convictions impact on the removal of conditions application. You should take the certified disposition of the matter to the appointment as well as your criminal attorneys contact info. (Any violence/assault related convictions are taken very seriously so you need to make sure you have counsel who understands the impact of the conviction as it relates to the GC status. You can do a search on attorneyqna.com or ailalawyers.com among other resources. I would talk to 2-3 attorneys. You can also call the houston bar association and see if they would provide a referral. good luck to you
Your defense attorney contacted an immigration attorney and obtained an opinion regarding the immigration consequences of your domestic violence conviction of 2015. I suggest you contact both attorneys to re-visit that issue.
He might be deportable for a crime of domestic violence or committing a crime involving moral turpitude within the first five years of having his residence.
You need a lawyer, don't do this on your own.
Your husband should never have been given that plea. Either your criminal defense lawyer did not confer with an immigration lawyer or if he did the immigration lawyer is incompetent. This is the reason Texas Board Certified attorneys.
You will need a criminal defense attorney to file a writ of habeas corpus to reopen the criminal case. You will need an immigration attorney to file the joint petition but leave some questions blank. Things get more complicated from there.
If you file now very bad things will happen. And none of them are your fault.
