admissibility of a PR: Urgent help

[matt]

Hi; I have a query which I hope some of you could help me with. I am a Canadian citizen and my wife is a Canadian Permanent resident while holding an Indian passport. We live in the US for the last 6 years. We have two small children were born in the US. My wife joined me in Canada as a permanent resident of Canada and lived with me in Canada for 10 months. When we left Canada in 2001 we had applied and were granted a Return Resident Permit for my wife. My wife do not possess a Canadian permanent resident card right now, she posses the long paper (IMM1000). Right now my wife is on H1B and working and I am on H4 as her dependent.

Recently, me and my wife had an argument at home. The legal system got involved in it and she had been charged with domestic abuse assault (serious misdemeanor). On the day of the incident although I requested the officer several times not to press charges against her, the state pressed charges against her. They have taken her finger prints and have recorded all the personal information. An attorney specilizes in criminal law is working on our case to get this case dismissed. we both have negative criminal history.

I understand a serious misdemeanor is deportable in the US. We hope and pray that the case would be dismissed. I would like to ask, if the case could not be dismissed and if my wife is charged with either serious or simple misdemeanor (domestic assault), can my wife return back to Canada with our kids and me and live with us in Canada. Please let me know. Thank you for your valuable opinion.
Matt

 

[thaiguy]

It's very strange that a domestic abuse case would be prosecuted without a witness. And essentially that's what's happening - because you're refusing to press charges. So .. did someone else see the assault? If not, it's unlikely that the case will hold up.

Someone else will have to speak to the IMM1000 and whether a return to Canada would be affected by an assault conviction.

 

[matt]

It's very strange that a domestic abuse case would be prosecuted without a witness. And essentially that's what's happening - because you're refusing to press charges. So .. did someone else see the assault? If not, it's unlikely that the case will hold up.

Someone else will have to speak to the IMM1000 and whether a return to Canada would be affected by an assault conviction.

No one has witnessed what exactly going on. However, the officer took pictures of some minor scratch marks. Anyway my wife had a medical condition and she is being treated for. Thanks