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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Am evaluating EWI husband with USC wife who wish to use

Customer Question

FOR JUDITH: Am evaluating EWI husband with USC wife who wish to use I-601A and adjust status for GC in U.S. Husband had post-9/1996 conviction for "assault" as described in FBI report, but his account sounds like possible domestic violence (our state statute provides 6 month max sentence and $1,000 fine for simple assault -- Husband recalls paying a fine). I want to evaluate actual conviction to determine possibility of exposure per INA 237(2)(E)(i), and ideally provide explanation that conviction would fall under petty offense exception. If record of conviction, plea colloquy, etc are requested from the arresting agency here where he is living, could he be exposed to potential deportation resulting from the records request? I realize Secure Communities was replaced by PEP, but he would seem to be near the top of the PEP list if the conviction was for domestic violence rather than simple assault.
Submitted: 5 months ago.
Category: Immigration Law
Customer: replied 5 months ago.
I meant to say "if I request records from the court where he sustained the conviction" rather than "from the arresting agency."
Expert:  Judith replied 5 months ago.

He needs the certified copy of the court disposition ithout it it is like sguessing,

The police clarify the matter. He also needs a good lawyer to eplain h. Don't try to save oney by avoidig the ebal os

He also need the lawyer to argue i hi

I think he may be able to get this down to a simple assault. That would be the et.'

Expert:  Judith replied 5 months ago.

This isn't hard to get the sharp lawyer to et the dispositi


Customer: replied 5 months ago.
OK ... So where's Judith?
Expert:  Judith replied 5 months ago.

You need to get a certified copy of the disposition from the court. That will have the police report in it which will be the basis foryour argument that it was not domestic violence but simple assault.. Simple assault falls under the petty crime exception.

I cannot get that for you. You need to retain an attorney to go the court and get the certified copy of the disposition.


Expert:  Judith replied 5 months ago.

This case may be on point as is seems to argue the same point you are making

Matter of H. ESTRADA, Respondent Decided May 27, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) In analyzing whether a conviction is for a crime of domestic violence under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2012), the circumstance-specific approach is properly applied to determine the domestic nature of the offense.

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