Legal Question in Immigration Law in District of Columbia

Re: Resources to Compare Crimes of Moral Turpitude

I specialize in criminal and immigration cases and I can tell you now that if he pled guilty to two separate charges of committing "grievous" bodily harm, it does not matter where, what matters is whether it will be considered an aggravated felony by USCIS. (Yes, even a misdemeanor can be considered an aggravated felony under immigration law.) A good lawyer will look at the conviction record he received in Bermuda. Just because he paid a "fine" doesn't mean "that this is a simple assault misdemeanor." It will depend on what the conviction document states. If is says simple assault, fine. If is says assault with intent to commit grievous bodily harm, then that's not fine. Now, let me tell you this: whether he applies for his residency through marriage or not, he has a problem and should immediately discuss his case with a good immigration attorney -- now, not later. If you are both in love, then get married -- now, not later. Having family here, especially a U.S. citizen spouse is helpful no matter what. The conviction, even from Jamaica, will come up -- Interpol and international relations have created a huge database from which USCIS can literally see hundreds of convictions from other countries. All they need are his fingerprints and they will have those if you and he file any application with the USCIS. There are many questions a good immigration lawyer will ask, so be ready for a grilling. Tell your fiance he will have to tell the lawyer everything (in confidence of course), but good lawyer can defend you provided he or she has all the information -- leave something out and it can be disaster. So, keep checking up on lawyers, okay? Ask around and see who handles these cases; if he is denied, he will end up in proceedings before the immigration judge -- on the other hand, depending on the conviction, he may only need a waiver with his I-485 -- but only a lawyer can tell when he or she sees the conviction document. The best of luck to both of you!