Dear NYClex,
My father was in US on a visiting visa and he overstayed. Since I am applying for my citizenship right now and I was hoping to apply green card for him as soon as I get my citizenship. Now he is charged with Class 1 misdemeanor of simple assault. We are now working with an attorney to get him acquitted. However I would like to know the implication of the crime(if convicted) on the immigration.
I've read quite some threads. The charge is a misdemeanor(less than 12 months). And it's simple assault which is not domestic violence related. so I assume it's not a crime of moral turpitude. So he shouldn't get deported if convicted and it shouldn't affect his green card application. Am I right? But since he is out of status right now, are there other things we should consider?
Thanks for your advice.
My father was in US on a visiting visa and he overstayed. Since I am applying for my citizenship right now and I was hoping to apply green card for him as soon as I get my citizenship. Now he is charged with Class 1 misdemeanor of simple assault. We are now working with an attorney to get him acquitted. However I would like to know the implication of the crime(if convicted) on the immigration.
I've read quite some threads. The charge is a misdemeanor(less than 12 months). And it's simple assault which is not domestic violence related. so I assume it's not a crime of moral turpitude. So he shouldn't get deported if convicted and it shouldn't affect his green card application. Am I right? But since he is out of status right now, are there other things we should consider?
Thanks for your advice.
