Legal Question in Immigration Law in Massachusetts

prior DV charge hurt my chance

I got married back in 06, my husband got his CR in 06, however in julyhe was arrested for DV, the court gave him a 6 weeks program, and told him not to hit me again, however in march he did it again got charge with violating the protective order, went to court, they combined his case and have him do the class again, told him case will be dismiss when he goes back. my quesion is we are getting a divorce, i wrote a letter to immigration letting them know that he confirmed with me that he only married me for a greencard, and that while i was pregnant he abuse me where i lost the baby, he also cheated on me many of times but was told that if i try to prove that in court it will be a very long process, so i settle for irreconcilable difference. the divorce is goign to be final by the time he has the file his I751, we did live together but he has nothing to show immigration as far as joint lease & mortgage, no financial report such as bank statement, the only evidence i believe he has his a joint, 1 year of tax filed 2gether. i would like to know even though he has a lawyer, which is suppose to be the bes i've heard, will he still be granted his peramanent residence, even though he was arrested twice for DV & divorce.


Asked on 10/22/08, 7:47 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: prior DV charge hurt my chance

I must disagree -- the best immigration lawyer that you've heard about is right here. I can only say that if your husband has any arrests for any reason, they will most likely show up when he gets fingerprinted. He will have some explaining to do, particularly if the abuse or domestic violence occurred after he obtained his temporary residence. You have done what you can by alerting immigration authorities of the situation and, hopefully, they will make certain your letter is placed in the file. Then it is up to him and his lawyer. In my opinion, however, without additional facts, the violation of a protection order may be enough to deny his permanent residency if he cannot deny that violation; the fingerprints will tell all. Good luck to you, and I hope you stay well.

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Answered on 10/22/08, 9:50 pm


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