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I am currently on probation for a domestic violence charge. The court offered me a first time offenders program and no conviction was entered, nor a disposition, nor did the judge find me guilty. I am on probation and after successful completion the end the case will be dismissed.
I have no other trouble with the law or arrests, this is my only contact with the law. I have read a person will be inadmissible for permanent resident if there is a conviction and sentence of 1yr or more. I never did any jail time and this is considered a misdemeanor (non aggravated assault with a maximum sentence of 93 days if found guilty).
Right now my wife wants to file a petition to adjust my status to permanent resident ( i am on an F1 student visa status), would i be risking my stay here by adjusting my status while on probation? please give direct me.
First, you HAVE been convicted of a misdemeanor crime. Once the terms of your sentence have been successfully completed you can then file for a dismissal to have it expunged from your record. I'd suggest you speak to an immigration attorney to see if this would have any impact on your request for a status change.
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