Legal Question in Immigration Law in Virginia

Green Card Renewal

In april 2003 my husband was charged with domestic abuse and the charge was later dismissed. He went to anger management classes for a few months and his record shows a misdemenoar charge dismissed. He has been a legal resident since 1982. He had a green card without expiration date and two months ago had to apply for a replacement . Will his status be affected by this charge in his record?


Asked on 10/30/07, 12:23 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Green Card Renewal

Yes, it's possible that your husband's immigration status could be affected by

the record of this case in which he very likely received the disposition known as Suspended Imposition of Sentence (SIS)since he was apparently required to attend anger management classes. This is not an upfront dismissal of the criminal charge but rather Virginia's version of what's called probation before judgment (PBJ)in other jurisdictions whereby the defendant pleads guilty before the court but is not formally sentenced nor convicted, and, if he then successfully completes his 12 month period of probation, may then have the matter closed or dismissed by the court.

However, since such a charge of domestic violence in the Commonwealth typically is classified at a minimum as a Class 1 misdemeanor offense and therefore carrries a potential sentence of up to 12 months in jail, immigration authorites may be able (if they so choose)to use it as a basis for undertaking removal proceedings against the lawful permanent resident who has this kind of offense on his or her record.

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Answered on 10/30/07, 7:14 am


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