If my domestic violence case get dismissed, will it effect my immigration?

Asked on September 18, 2012 under Immigration Law, New Jersey


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

Answered 8 years ago | Contributor

A dismissal of your domestic violence case will help your immigation issues, but not necessarily make them go away.  The immigration court can always consider the acts of violence if the victim or someone else is willing to appear and testify regarding the actions that provoked the charge to begin with.  If you are in the country illegally, they may go forward with the removal... because the issue isn't the assault, but rather your status.

Bottom line, the dismissal helps, but it's not a guarantee you will be allowed to remain in the country.

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