Will one arrest for Domestic Violence/Abuse stop my wife from getting a US immigrant visa?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will one arrest for Domestic Violence/Abuse stop my wife from getting a US immigrant visa?

We have been married for 7 years. My wife was arrested on a US Air Force Base by military police. She was never convicted or served anytime or paid any fines. The arrest is on the military records but the case was not substantiated. The violence was against me. Will this affect her visa. She will have her interview sometime in the next 2 months. The incident happened over 1 1/2 years ago.

Asked on December 15, 2013 under Immigration Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If she hasn't been formally charged by a military tribunal or court then she may be okay. It will be depend on what the interviewer will ask her. If she is asked by the interviewer or asked in a form whether she has been arrested, she may have to answer yes. I would talk with an immigration attorney where you are currently stationed before you get through to the interview.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption