Domestic Battery in CA

hugoart

New Member
Hello BigJoe and everyone else.. sorry I was finally able to post my case.. Admin had to make changes to my account.

here is my situation I was charged/convicted with PC 243(e)(1) in California.. Domestic Battery(misdemeanor) back in DEC 2008. i just had it expunged a few weeks ago( i know this doesn't matter for immigration purposes) the questions I have are the following:
since I want to apply for naturalization:
Do I need to wait till December 2012 which is 5 yrs after my conviction?
I'm still with my wife which she is a USC. I'm from central america and received my LPR status in 2006 with the NACARA program. can I apply base on marriage Now since the waiting time is 3 yrs to show good moral character?
Can I travel outside the country or will I have issues re-entering?

I spoke with a few immigration attorneys and they all have different opinions. one says I could travel and to apply that I should be okay. other stated that I could be deported and to wait until 2012.

whats your intake or input, please advise.
 
Hello BigJoe and everyone else.. sorry I was finally able to post my case.. Admin had to make changes to my account.

here is my situation I was charged/convicted with PC 243(e)(1) in California.. Domestic Battery(misdemeanor) back in DEC 2008. i just had it expunged a few weeks ago( i know this doesn't matter for immigration purposes) the questions I have are the following:
since I want to apply for naturalization:
Do I need to wait till December 2012 which is 5 yrs after my conviction?
I'm still with my wife which she is a USC. I'm from central america and received my LPR status in 2006 with the NACARA program. can I apply base on marriage Now since the waiting time is 3 yrs to show good moral character?
Can I travel outside the country or will I have issues re-entering?

I spoke with a few immigration attorneys and they all have different opinions. one says I could travel and to apply that I should be okay. other stated that I could be deported and to wait until 2012.

whats your intake or input, please advise.

The original law about deportability is here: so you just examine yoru case to see it contaisn any elements defined by Section 16 of Time 18 USC. You have to clear deportation issue first before you
clear 5-year moral character issue.


You may come down to uncertainly that is no one is sure what will happen or everyone is sufre but they
have opposite predictions. Then you have to decide for yoruself. USCIS is the ultimate judge on the
issue.


http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5667.html


(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued fo r the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
 
Another issue regarding deportation is:

DV as a misdeamenor alone is a deportable offense but not necessarily an inadmissibile offense. Its meaning
is that a PR who commits an such offense will be deported but a nonimmigrant who commits such an offense
will not be denied a green card if all other criteria are met.

So when the worst happenes, you can ask your spouse to re-sponser you a new green card. This
is called re-immigration. And after re-immigration, you will wipe your slate clean according to "Matter of Rainford".
;otherwise one will enter perpetual loop of entry-deport-re-entry-re-deport for ever http://www.justice.gov/eoir/vll/intdec/vol20/3191.pdf

But you shoudl hope the worst do not happen. Life is too short for such back and force process.
You should just hope you are not deportable, and eligible for citizenship 5 years after your conviction.

You should be clear about thsi 5 years. Is it since your conviction date or end of sentence/probabetion date
 
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Domestic Battery

so let says that the worst Happens what do you think about the matter of Sanudo.

In re Renato Wilhemy SANUDO, Respondent
File A92 886 946 - San Diego
Decided August 1, 2006
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
(1)
An alien’s conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a “crime involving moral turpitude” within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).
(2)
In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a “crime of violence” under 18 U.S.C. § 16 (2000), such that it may be considered a “crime of domestic violence” under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v.Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.
 
WAS. romodero

so let says that the worst Happens what do you think about the matter of Sanudo.

In re Renato Wilhemy SANUDO, Respondent
File A92 886 946 - San Diego
Decided August 1, 2006
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
(1)
An alien’s conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a “crime involving moral turpitude” within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).
(2)
In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a “crime of violence” under 18 U.S.C. § 16 (2000), such that it may be considered a “crime of domestic violence” under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v.Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.


Then it looks like you are OK for deportation purpose but you need to confirm with at least one
immigration attorney on this matter. Then after that check out 5 years statutory period, and then
apply for citizenship.

So I would say you should apply for citizenship after you confirm with at least one immigration lawyer on this 243(e)(1) of the California Penal Code not qualifying as a “crime of violence” under 18 U.S.C. §
16 (2000) (In fact one such confirmation is enough regarless what other layers are saying)
 
update about citizenship with a domestic battery conviction...

Hello Guys, So I had my interview couple days ago, I passed the Test of English, and US history and Government, but a decision cannot yet be made about your application....

they need the complete Complaint, Police Report for my Case...

I feel so anxious now that i cant even sleep.... I provided my complete court disposition with the charges.... why this IO wants to see a complete report.?
 
they need the complete Complaint, Police Report for my Case...

I feel so anxious now that i cant even sleep.... I provided my complete court disposition with the charges.... why this IO wants to see a complete report.?


Because that's what they ask for - both the COMPLETE court disposition AND the arrest report from the police department.

Some people just provide the court disposition and get lucky. For my issue (DUI) I provided complete court documents (20 pages) and the arrest report (3 pages) and didn't have an issue.
 
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thanks, Do you think I have a chance or they will Deny me and send me a NTA... seriously this feeling is killing me... to be honest w/you I didn't hit my wife at all.. the only complaint that I got from the officer was that we were arguing and I got enraged and I pulled my wifes' hair....
 
I can't give you an answer but can only give you my uninformed opinion.

However, that being said, you stated
"but a decision cannot yet be made about your application.... they need the complete Complaint, Police Report for my Case"

Is that what the officer stated to you? Did he ask you how he wants you to provide this information?
 
Yes they gave me the form WR 822, they need that information by mail by November 23 of this year...

Then I don't understand why you are asking questions here. You were told what was required and how to submit them. It's pointless to debate stuff here, just do what they told you to do.
 
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