If I’m from Sudan and was convicted of assault in 2nd degree in the US for pushing my wife that did not result in any injury, am I admissible in this country?

If yes, can I adjust my status without leaving US? I found a employer willing to sponsor green card.

Asked on July 24, 2015 under Immigration Law, Maryland

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Usually, individuals who have been convicted of certain offenses are prohibited from adjusting their status.  Assaults involving family violence are one of the offenses that usually bar adjustments.  This doesn't mean that it can't happen, but it does mean that your immigration attorney will have an uphill battle from the start. 

Before you start the process to adjust your status, you may want to visit first with your criminal attorney to understand the nature of your conviction.  Many people think they have "been convicted" when in fact they went through a diversion program which resulted in a conditional dismissal.  If this is the case for you, then you may still be "conviction free" and don't even realize it.  You can also visit with a criminal appellate attorney and have them review your paperwork.  There have been several criminal convictions overturned in the last couple of years because the original defense attorney  did not properly explain the immigration consequences of the plea.  If this was not explained to you, then you could possibly get the conviction set aside so that it would not interfere with your immigration needs.


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