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Can Student Visa Holders Apply for a Green Card?

3 years ago By Rajiv S. Khanna

This article was submitted to and published in The Economic Times.

Link to Rajiv's Author Page in The Economic Times.

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3 years ago By Chief Editor

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Discussion Topics, Thursday, July 08, 2021:

FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

3 years ago By Chief Editor 2 comments

Question details

I had a domestic violence charge that got dismissed in pre-trial.

Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.

And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.

I've a few questions around this:

1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?

2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?

3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.

When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?

FAQ Transcript

I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.