Will there be problems during the immigration interview if domestic violence is referenced in divoce papers? 1 Answers as of March 11, 2011I had filed for fiance' visa but the problem is on my fiance's annulment papers his ex wife charged him falsely with domestic violence, his ex wife agreed for the annulment only if she is the one to file but my fiance' would pay for it so he got a lawyer and paid for the annulment, they have been separated for over 10 years when I met him. My fiance did not contest and he was none appearance in court. So he just let her say the worst things about him in court so he could finally end his marriage and move on. There is no divorce in his country so he did not refute the domestic violence issue so he could just get his annulment, she never filed charges and he was never convicted of any crimes, although when she mortgaged and falsify his signature the second time to support her gambling habit they had a big fight where she reported him to the police but she didn't formal file charges. The police report from her was in the annulment papers . Now my question is when he gets interviewed for his visa and the consular officer see this annulment papers with mention of domestic violence by him will this make him inadmissible to usa even if he was not formally charged or there is no conviction? By him not contesting what was in the annulment papers will that be an admission of guilt? Please reply as we are confused and do not know what to expect during the interview.
Pacifica Legal Services | Floyd Fernandez
Unfortunately, an act of domestic violence can be classified as an aggravated felony. Since the USCIS will be aware that annulment in your husband's country is analogous to divorce here, they will apply the law that a mention of domestic violence as a positive finding in the annulment can be a disqualifier for your husband's application for adjustment of status. There will have to be a means in your husband's country for a modification of the annulment decree removing the ground of domestic violence, or it will be a bar to admissibility.
Answer Applies to: California