Can my husband obtain a green card with a domestic battery conviction from 14 years ago? 6 Answers as of February 17, 2012

*Adjustment of Status* An Adjustment of Status Application must be filed. This application will hopefully have the end result of obtaining lawful permanent residency. Once it is filed, the work-permit will be issued in a few months. Afterwards, in about 6 months to 1 year, the final interview will be conducted. Should you want to retain my firm to send an attorney with you to the interview, we will be happy to do so. If he does not qualify to adjust, then he would have to Consulate Process. *Criminal Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

He is eligible but given the exact record he might have to apply for a waiver. Crimes of domestic violence can be deemed crimes of moral turpitude. We must examine the record to make the determination.

It depends on a variety of things. The first thing you want to do is pull his record and see what else is there. You said he was given a conditional discharge and if he fulfilled the conditions of that discharge, then we need to know how the offense was classified. His record will reveal that. Hopefully his certificate of completion will be considered evidence of rehabilitation. I caution you though that if there are other things on his record, then there is no guaranty that he will receive his LPR. So, please let a competent attorney see his file and map out a strategy to get to your objective. Good luck!

The answer will depend entirely on your husband's manner of entry into the United States. If he entered the U.S. legally (i.e. with a Visa) he is likely eligible to adjust status based on your marriage. That said, more detail regarding your husband's domestic violence matter is needed. Due to the previous charge I would contact an immigration attorney to assist you with this matter. Please note that given the lack of facts provided this reply is subject to change based on the actual circumstances.

That one conviction is not likely to be a problem; but what is his current immigration status? That is the bigger issue as he may need to apply for an immigrant visa at his home consulate.

The case will hinge on what specifically he was charged with and convicted of. The language of the statute is very important. Domestic violence cases are tricky as some offenses can be aggravated felonies. To ascertain your husband's chances, we would need more specific information regarding the conviction as well as your husband's manner of entry, immigration history, etc.