What happens when someone who is working on a visa in the US is accused of committing a crime?

UPDATED: Nov 8, 2013

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What happens when someone who is working on a visa in the US is accused of committing a crime?

I am US citizen and was married to a student on J1 visa. My husband is authorized to work in US for 18 months. Soon after the marriage he started abusing me and hitting me. He hit me infront of my family and that’s when I called the police department and filed domestic violence. He was taken into custody and got out of jail the very next day. I don’t know if he was charged with a misdemeanor or felony since the DA is waiting on an investigator to complete the report, so can my husband extend his visa further even though he committed a crime? I do have have few witnesses, text messages and threats he made while we were married that were saved on phone, would that help to make a case? Is he going to get deported after the case is closed?

Asked on November 8, 2013 under Immigration Law, California


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

Your husband can renew the visa until such time as he is convicted of an " infamous crime", usually determined to be a felony.

  The admissability of you recordings and such are questionable and can only be determined by the prosecuting authoritis. 

You might calim a sham marriage with the INS and file for an annullment.  That might hasten the deportation process, if that is the route you wish to pursue.

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