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  • Domestic violence conviction , case dismissed

    1. First , I was accused of domestic violence charges , I think it was MCL 750.812 ( I am not sure about this one ) in November 1999 with my female friend . This case was dismissed after completing a counseling session with the counselor in April 2000.
    2. Again, I was charged with Home Invasion at my female friendís house in March 2001, although I was living there at her house. The cops arrested me for home invasion, when the case went to the court; it was decreased to the amount of illegal entry (MCL 750.115) and Assault and battery (MCL 750.81). Both charges were dismissed after one year of non-reporting probation in April 2003.
    3. I got married in 2003 , she found out about my past, we had an argument, I was again charged with Domestic violence in October 2003. She called the cops on me, the cops came and I explained them that there is no violence involved and the cops left. After a month or so, I received a letter stating that I have an arrest warrant for domestic violence. I hired an attorney and the case was dismissed due to nolo prosequie .
    4. My wife and I, again had a fight/argument over some issues, cops came and arrested me again for domestic violence (MCL 750.812). The prosecutor was extremely rigid, and told me, because of my history to attend 27 classes of domestic violence counseling. My attorney at time suggested me that this is the best for me, and I thought this is the best for me. I attended/ completed 27 classes of domestic violence counseling, and the case was dismissed due to nolo prosequie.
    Now my case has been transfered to detroit office from nebraska . It has been more than a month now . I have already paid my attorney a good amount of money to help me . But as usual , my attorney is not sure if I will get my app approved .
    I have been doing a lot search and reasearch , but I am still unable to find the exact meaning of conviction in relation to case dismissal .
    Any help from any one would be great .

  • #2
    Originally posted by ra6
    1. First , I was accused of domestic violence charges , I think it was MCL 750.812 ( I am not sure about this one ) in November 1999 with my female friend . This case was dismissed after completing a counseling session with the counselor in April 2000.
    2. Again, I was charged with Home Invasion at my female friendís house in March 2001, although I was living there at her house. The cops arrested me for home invasion, when the case went to the court; it was decreased to the amount of illegal entry (MCL 750.115) and Assault and battery (MCL 750.81). Both charges were dismissed after one year of non-reporting probation in April 2003.
    3. I got married in 2003 , she found out about my past, we had an argument, I was again charged with Domestic violence in October 2003. She called the cops on me, the cops came and I explained them that there is no violence involved and the cops left. After a month or so, I received a letter stating that I have an arrest warrant for domestic violence. I hired an attorney and the case was dismissed due to nolo prosequie .
    4. My wife and I, again had a fight/argument over some issues, cops came and arrested me again for domestic violence (MCL 750.812). The prosecutor was extremely rigid, and told me, because of my history to attend 27 classes of domestic violence counseling. My attorney at time suggested me that this is the best for me, and I thought this is the best for me. I attended/ completed 27 classes of domestic violence counseling, and the case was dismissed due to nolo prosequie.
    Now my case has been transfered to detroit office from nebraska . It has been more than a month now . I have already paid my attorney a good amount of money to help me . But as usual , my attorney is not sure if I will get my app approved .
    I have been doing a lot search and reasearch , but I am still unable to find the exact meaning of conviction in relation to case dismissal .
    Any help from any one would be great .
    There were all convictions in the eyes of the Immgration services. I think that since you have had all cases dismissed and thus not leaving a criminal record, you have some advantages. From the other angle, you may try to argue that these cases are not crime of moral turpitude, etc. It may depend on whether the max punishment of these cases exceed one year or not.

    Comment


    • #3
      There is nothong wrong with saying: "This is beyond me!" Opinionated advice does not help anyone

      In the public interest, I quote below the private response to the same questions asked verbatim in a private message.

      I am unable to determine if people have used the words case dismissed loosely here.

      Situation 1 sounds like the case was really dismissed. Please note that if you were convicted and then served a "sentence" of counselling session, then the case was NOT dismissed.


      Situation 2, were charges dropped or were you convicted and ordered to undergo probation?

      Situation 3, seems straightforward; no conviction. Dismissed.

      Situation 4, depends on what the real paperwork was: was it dismissed, or appeared before a judge and ordered to do DV classes? But I guess NP means there was no prosecution, so no question of conviction.

      In my non-legal opinion, you do not seem to have a conviction worth a worry. Howeevr, I would advise speak to a better attorney. I do not like attorneys who are not sure one way or the other.
      After my GC, I have stopped frequenting the forum. If you send me a private message I will respond, but only if I see it. A late reply may not do you much good, so please try other avenues first.

      Comment


      • #4
        Interview schedule for 10/31/2006 Newark, NJ

        Hi All Interview schedule for 10/31/2006 Newark, NJ
        Here is the details of my file :
        PD: 22nd Aug 2002.
        EB2: Concurrent filling I-140/485 on 21st July 2005 (Nebraska service center.)
        140 RFE around 11/15/05: Ability to pay, RFE replied around 12/15/05.
        140 Approved 01/3/06
        03/5/2006 Went to India Got Married. Wife came on 05/06/2006 (H4)
        04/25/2006: Added wife with my 485 sent to Texas center (Donít know why my lawyer sent to Texas center while my 485 waiting at Nebraska)
        485 RFE on 05/13/2006: Employer letter and proof of legal stay in US (send all your H1B copies)
        485 RFE replied on 07/25/2006.
        08/5/2006: Case transfer to Local Newark Office.
        Interview schedule for 10/31/2006 Newark, NJ bring passport and 1-94 (Interview will be video taped).
        I guess I know why they transfer my case to Newark (not for sure), I had an arrest record on my file which happened after I filed my 140/485.
        I got arrested for Public intoxication, when I visited my friend in TX.
        I had couple drinks (more then couple!!) in a nightclub and asked for more drinks and the guy refused me to server since I was already out of shape,
        While Iím having an Argument with the guy, big security guy came out of nowhere and threw me out of the bar and called the cops.
        Cops arrested me for the safety of myself and other.
        Well!! Iím here fingers crossed, regretting for my stupid act... letís see what gona is happen .tomorrow!!
        I got my court record , police report etc ,Iím going with out a lawyer any advice (well I guess itís going to be too late, before I get your advice ) .
        Iíll post back my interview experience Ö good Luck Guys !!
        =>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
        LAB: EB2 (IND) PD July 02
        140/485 Concurrent file: 07/15/05
        140 Approved: 12/20/05
        485 RFR: 05/14/06 (EMP letter, etc)  RFE replied  06/22/06
        Case Transfer to NEWERK: 07/3/06
        Interview @Newark: 10/31/06 told should receive approval soon.
        Info Pass: Dec 15 06 told that Pending because of Name Check
        485 Approval ??

        Comment


        • #5
          Originally posted by GC_Not_Yet
          Hi All Interview schedule for 10/31/2006 Newark, NJ
          Here is the details of my file :
          PD: 22nd Aug 2002.
          EB2: Concurrent filling I-140/485 on 21st July 2005 (Nebraska service center.)
          140 RFE around 11/15/05: Ability to pay, RFE replied around 12/15/05.
          140 Approved 01/3/06
          03/5/2006 Went to India Got Married. Wife came on 05/06/2006 (H4)
          04/25/2006: Added wife with my 485 sent to Texas center (Donít know why my lawyer sent to Texas center while my 485 waiting at Nebraska)
          485 RFE on 05/13/2006: Employer letter and proof of legal stay in US (send all your H1B copies)
          485 RFE replied on 07/25/2006.
          08/5/2006: Case transfer to Local Newark Office.
          Interview schedule for 10/31/2006 Newark, NJ bring passport and 1-94 (Interview will be video taped).
          I guess I know why they transfer my case to Newark (not for sure), I had an arrest record on my file which happened after I filed my 140/485.
          I got arrested for Public intoxication, when I visited my friend in TX.
          I had couple drinks (more then couple!!) in a nightclub and asked for more drinks and the guy refused me to server since I was already out of shape,
          While Iím having an Argument with the guy, big security guy came out of nowhere and threw me out of the bar and called the cops.
          Cops arrested me for the safety of myself and other.
          Well!! Iím here fingers crossed, regretting for my stupid act... letís see what gona is happen .tomorrow!!
          I got my court record , police report etc ,Iím going with out a lawyer any advice (well I guess itís going to be too late, before I get your advice ) .
          Iíll post back my interview experience Ö good Luck Guys !!

          GC_Not_Yet

          any update on your interview?

          please let us know

          Thanks

          sunjr

          Comment


          • #6
            Worried about arrest on a case that was dismissed

            I was arrested. Police record shows I was charged with Domestic Battery. CASE WAS DISMISSED as per letter later issued to me by arresting agency. I also have a California Police Department certificate issued to me referencing California Penal Code (PC 849.1 and PC849.3) stating that "SUCH ARREST SHALL NOT BE DEEMED ARREST BUT DETENTION ONLY". Two Court Notices I received says "No complain filed".

            http://law.onecle.com/california/penal/849.html

            I have to worry about I-485 later (stuck due to backlogs). But I am travelling to Mumbai on a business trip and have to do H1 visa stamping. I have lost my sleep over the question "were you arrested"? I have authentic certificate as mentioned above saying its not an arrest. I really am believing I can write "NO" to arrest Q on DS-156 visa form Question 38.1.

            Should I write NO? or Yes? Do I have to show them the Police Record showing charges, police record is scary, says I slapped my wife and we had prior unreported domestic violence instances? I am afraid it will be considered as CIMT by the consulate officer.
            Please help.
            Last edited by kab_ayega_gc; 14th November 2006, 04:08 AM.
            **********************
            3rd and final attempt for GC. New employer for EB2

            LC: EB-2 Perm; PD - 09/08/05; Approval - 11/15/05;
            140 : filed 12/29/05; Transferred to TSC 03/24/06;Approval : 04/17/2006
            3 year H1 ext approved.

            **********************
            Second attempt:
            LC: EB-3 RIR; PD-09/27/01;EDD Case # 1394XX; SFO Case # 09531XXX;DOT Code # 999.151-081;
            Remanded from SFO DOL :07/23/03
            **********************
            First attempt:
            LC: EB-3 RIR; PD-03/20/01;Denied August:2001;

            Comment


            • #7
              Honesty is the best policy

              I have learned one thing when it comes to usa . the more honest you are , the better it is . but kab ayega gc , how come you are not posting anything anymore , i would really appreciate if you can reply or post , or you can directly email me at dowagiac_guy@yahoo/com .
              something really hit me very hard today after reading for 24 hours straight , when they say CIMT it means any cases which can lead to the imprisonment of 365 days or more is a CIMT , irrespective of anything or any charges whether misdemeanor or felony , if a misdemeanor is more than 365 days imprisonment whether you served the sentence or not or whatever it is , it is always deportable crime in the eyes of immigration . so the bottom line is , if the punishable sentence is more 365 days , you should say goodbye to america , if the punishable sentence is less than 365 days , then there is always hope and having an attorney who knows what he is doing is always helpful . But the fact is , to find a knowledgeable attorney is like finding common sense in people and specially in amarica , its an extreme rare necessecity . in short finding a good attorney is next to impossible .
              well anyone on here believe whatever I am writing is right , then please send me an email or just reply .

              Comment


              • #8
                Originally posted by ra6
                I have learned one thing when it comes to usa . the more honest you are , the better it is . but kab ayega gc , how come you are not posting anything anymore , i would really appreciate if you can reply or post , or you .......................n short finding a good attorney is next to impossible .
                well anyone on here believe whatever I am writing is right , then please send me an email or just reply .

                ra6 I think you were right. I should have marked Yes to arrest Q.
                Last week I got FBI results back and it shows arrest record. They have one line that says "PROS REL - DET INSUF EVID" I guess it means insufficient evidence. Not sure what PROS REL means.

                I have already sent papers for visa stamping to India and marked a NO to arrest question. I am worried whats going to happen.
                **********************
                3rd and final attempt for GC. New employer for EB2

                LC: EB-2 Perm; PD - 09/08/05; Approval - 11/15/05;
                140 : filed 12/29/05; Transferred to TSC 03/24/06;Approval : 04/17/2006
                3 year H1 ext approved.

                **********************
                Second attempt:
                LC: EB-3 RIR; PD-09/27/01;EDD Case # 1394XX; SFO Case # 09531XXX;DOT Code # 999.151-081;
                Remanded from SFO DOL :07/23/03
                **********************
                First attempt:
                LC: EB-3 RIR; PD-03/20/01;Denied August:2001;

                Comment


                • #9
                  I -485 Interview with DV case , Please help us

                  I have the following Situation Can you pls give any suggestions i have an I 485 interview in March.
                  Me an my husband got an interview for I-485 saying that" An interview appointment
                  regarding eligibility in this case has been scheduled.

                  Here is my situation ,Two years ago in Jan 2005 My husband was arrested for domestic violenceand the state has filed charges against him ( however I didn't testify against him) The judge has given for the case diversion and probation for 6 months ,he took some classes like anger management etc .,. Now the case was closed.We are working to remove his case records from his history since it is the first offense.

                  We are very much tensed after getting the above interview letter from Immigration.
                  One more thing is my husband's current employer is different from the one that started
                  our gc process. He changed 2 employer after he got his EAD. He is not applied for
                  AC-21. Is that ok if we aplly now AC-21 before the interview.
                  Can we get a green card? having the above situation? My husband and
                  my self are worried about the case that he has in the past and about AC-21.

                  Any advises are directions are really helpful for us.Anybody having similar situation got their green card ?
                  I really appriciate any help or response.

                  Comment


                  • #10
                    ******485 Approved: Approval date MAR 20th *******

                    Received Approval letter from Newark Office Yesterday.
                    Stating that my case was approved and Card will be mailed with in 3-to 6 months
                    If want to travel in the mean time I can get stamped on my Passport by Info pass Appointment with Approval letter.
                    Thanks for the all the Support and help I really appreciate people here and
                    I visit this site now and then, especially when I feel depressed about green card.

                    Thanks again for the all the support and keep posting your experience it helps a lot for other guys to follow!!
                    BTW: Waiting for my Wife’s Approval stuck in the Name check.
                    Note : if you get the Second or third Finger Print Notice and if your PD Is current name check done it the INDACATION that GC is on the way !!
                    =>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
                    LAB: EB2 (IND) PD July 02
                    140/485 Concurrent file: 07/15/05
                    140 Approved: 12/20/05
                    485 RFR: 05/14/06 (EMP letter, etc)  RFE replied  06/22/06
                    Case Transfer to NEWERK: 07/3/06
                    Interview @Newark: 10/31/06 told should receive approval soon.
                    Info Pass: Dec 15 06 told that Pending because of Name Check
                    485 Approval ??

                    Comment


                    • #11
                      Please Help

                      Hello All,

                      I am an asylee and my 485 is pending since 07/2005. Last week I was arrested for domestic battery (I was stupid and I am sure I will regret it for my rest of life) . There is a very good chance the charges will be dropped. I already hired a criminal lawyer. If the charges are dropped am I still in trouble? I mean can they deny my 485? What happens if I am convicted for lesser charges? Any comments will be greatly appreciated. I know I screwed up. My lawyer said , the judge will give me case diversion and probation for 6 months, I need to take some classes like anger management etc. Am I still in trouble? Do you think my 485 will be denied?



                      Thanks,
                      Ravi

                      Comment


                      • #12
                        i am on h4 ,i was booked for a petty theft ,but later on no charges were filed and the case was dismissed ,now i want to go back and my visa is expiring i have to get it stamped,i am confused if my visa can be denied.please any suggestion its very urgent

                        Comment


                        • #13
                          GC_NOT_YET,

                          I also for the same letter says that 485 is approved and it will take 6months to 12 months to receive the plastic card, But people say you might get it in 3o to 60day?, Did you receive your GC Plastic card?, seems like your got approved in march 2007 and now it like 120days..Please let me know...so i get get some relief, Also can you see the LUD or the messages changes online? when the card is being mailed?

                          Comment

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