Update pending I-601 submission

[BellaRose 7]

I was in immigration limbo for a year because our interview wasn't completed Feb 2011. They were asking for a certificate of disposition from an arrest of my husband's from the States. The issue was that he was not physically here to attend court.

Well....... Long story short my lawyer was able to try the case without my husband's presence.....AND......WE WON........AND the charges were dropped from a felony to misdemeanor!!!!!

Does anyone know if Attempted Assault in the 3rd Degree, Class B misdemeanor.......is a crime of moral turpitude?

Finally back on track. We may have finally passed ourinterview stage, and submit our I-601 waiver for his overstay.

[beejay 123]

I remember your story.

Congrats on getting that sorted and being able to finally move forward!

Good luck with the waiver process!

[trojam227 18]

Simple assault/Common assault are Not found to be CIMT...unfortunately I think every other type are. If it involved a weapon of any kind then almost definitely yes, a CIMT. Facts of the crime, the conviction and the actual sentence imposed can usually give the IO an idea of how serious the assault was and whether it involved moral turpitude. (this is based on what an Immi attorney told me & my own research) If you haven't read this article yet, it will give you a better idea:

http://www.shusterman.com/pdf/cmt04.pdf

[BellaRose 7]

We might be in the clear, thank you for this information. We can only wait for a decision on our case now.

[trojam227 18]

We might be in the clear, thank you for this information. We can only wait for a decision on our case now.

You're welcome and best of luck!