Applying for a Green Card to Marry Someone After being Involved in a Domestic Violence Dispute

After being charged with domestic violence, can a female citizen still marry the man involved who is also the father of her baby. Is she still able to help him obtain a green card?

Advice Offered by myself, a Colorado Immigration Lawyer:

Possibly, but there is a lot more information I would need to know to determine the best course of action. The answer depends on whether he entered legallly or illegally. If he entered legally, and you get married to him, he can remain in the United States and apply for permanent residence on the basis of the marriage. He must demonstrate that he entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. He files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, he is entitled to work authorization. Depending on the nature of the crime, he may be inadmissible as a permanent resident and may need to seek a waiver of the crime. To obtain the waiver, he would have to demonstrate that it would be an extreme hardship on you or his lawful permanent resident or U.S. citizen parents or children. If the waiver is approved, the adjustment of status can be granted.

If the case is approved, he will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marraige is still valid. If approved, they will issue him a 10 year unrestricted permanent resident card.

If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. Because he has been in the U.S. illegally for more than a year, he will need a waiver of his unlawful presence in addition to a possible waiver for his crime. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.

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