If I’m from Sudan and was convicted of assault in 2nd degree in the US for pushing my wife that did not result in any injury, am I admissible in this country?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m from Sudan and was convicted of assault in 2nd degree in the US for pushing my wife that did not result in any injury, am I admissible in this country?
If yes, can I adjust my status without leaving US? I found a employer willing to sponsor green card.
Asked on July 24, 2015 under Immigration Law, Maryland
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Usually, individuals who have been convicted of certain offenses are prohibited from adjusting their status. Assaults involving family violence are one of the offenses that usually bar adjustments. This doesn't mean that it can't happen, but it does mean that your immigration attorney will have an uphill battle from the start.
Before you start the process to adjust your status, you may want to visit first with your criminal attorney to understand the nature of your conviction. Many people think they have "been convicted" when in fact they went through a diversion program which resulted in a conditional dismissal. If this is the case for you, then you may still be "conviction free" and don't even realize it. You can also visit with a criminal appellate attorney and have them review your paperwork. There have been several criminal convictions overturned in the last couple of years because the original defense attorney did not properly explain the immigration consequences of the plea. If this was not explained to you, then you could possibly get the conviction set aside so that it would not interfere with your immigration needs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.