Legal Question in Immigration Law in Arizona
My dad is recovering alcoholic and he had a few minor cases in 2013 such as disorderly conduct public intoxication and one domestic violence case. He is taking classes now but we are worried if he will be granted a Green Card renewal which expires in July 2014. I heard that domestic violence is viewed as a serious violation by ICE. He is separated and hasn't had any other violations in the past. Any advise would be really appreciated.
1 Answer from Attorneys
All of this depends upon whether or not the specific circumstances surrounding the domestic violence will be viewed as a "crime involving moral turpitude" (CIMT). USCIS has designated certain crimes as CIMT depending on the circumstances that were present when the crime took place. Another factor to be considered is the length of time that your father has been a lawful permanent resident (LPR). If the crime was committed within the first five years of his permanent residency...it is more likely that the domestic violence could be grounds for deportation. However, if the domestic violence was after his first five years of permanent residency...two CIMTs would make him deportable. You may obtain the direct law from USCIS by simply searching in google for their site. You will need to look up Section 237 or 212 of the Immigration and Nationality Act (INA). Please be sure to contact an immigration attorney for more information as this is a situation that would benefit from legal assistance. I wish you the best.
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