La Mesa, CA Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Although you have not been convicted, you have been arrested. If you are scheduled for an interview, and are asked about any arrest, you will have to admit to the arrest and probably have to explain to the immigration officer the facts surrounding the arrest. The fact that your wife wants to drop charges, may or may not help you. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. Although the "victim" (your wife) may wish to have the charges dropped or dismissed, the final decision will be up to the D.A. Domestic violence is characterized as a crime of violence which will make you deportable, if convicted. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your situation. They would then be in a better position to analyze your case and advise you of your options.

The best course of action to preserve your legal permanent resident status is to take out a reentry permit (form I-131), visit the U. S. as often as you can during the 3 years, and keep whatever ties and bonds that you can with this country. Part of the ties and bonds is the payment of U. S. taxes on income earned anywhere in the world. You should not try and take advantage of the tax provision that allows an income exemption for monies earned overseas for people who are nonresidents as that is an indication to the U. S. government that you do not consider yourself a permanent resident of this country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

If you jointly petitioned with him on the I-751 you can send a letter indicating you do not wish to jointly petition with him anymore. The green card belongs to him though and he does have the right to self-petition under various waiver categories - divorce, hardship or abuse but for each he must show the original marriage was in good faith but just broke down.