Can I safely leave my marriage and not have to worry about serving time do to a previous charge of domestic violence?

My wife is getting her citizenship through me. The paperwork was started a year ago and 7 months ago I wanted to divorce her. I confronted her about this and all she cared about was her citizenship. We got in an argument, she called the police and I was arrested but not convicted of DV. We no longer live together and are separated. She threatened me saying that she could get her citizenship if I were to serve time.

Asked on July 23, 2012 under Criminal Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Being a victim of domestic violence can sometimes be grounds for getting an immigration visa; however, this is not something to be manipulated or taken lightly. 

I'm a little confused at your question.  If you were arrested and not convicted, then you were not convicted and that proceeding is over with.  If you want to get divorced, then go see a family law attorney and get divorced--and don't worry about whether or not she is going to get her citizenship.

Best of luck.


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