Domestic Violence related interview experience

dv02

Registered Users (C)
I am creating this thread to get helpful information to for the cases with domestic violence issue and to help prepare for best chances to succeed in the interview. I understand that each case is different and a lot depends on the immigration officer handling the case.

I had a domestic violence case against me in Sep 2003. I had applied for the citizenship and now have the interview next month. I will have an attorney with me but I am looking for individual with similar cases and how to best handle the situation. What type of questions are asked and what are the chances of success and failures.

Thanks.
 
Generally speaking, to be successfully approved for naturalization, you can't have any CIMT convictions in the 5yr period preceding your application. Hopefully your immigration lawyer already knows his way around criminal law, and the effects that a conviction might have on your case.
 
It's good to see such discussion taking place here. I don't have a case
of DV, but I do have a arrest record for a small skirmish at a local
bar I got pulled into. Anyway, the case was dismissed "without any
prejudice". I have hired a lawyer for my interview who specializes into
immigration, family law and real estate law.

After reading your case, I was wondering if I should hire a lawyer
who specializes into immigration AND criminal law?
 
"With held adjudication of Guilt"

My case was closed with the following court terminology, "With held adjudication of Guilt" but I was on probation for 6 months and had to take the 26 week classes of Anger Management. In Immigration term, the Immigration Officer (IO) can use it as conviction and it now totally depend on how my immigration lawyer can help leverage my case and also on the psychology of the IO.

The above incident is my only involvement with the law (in-a-wrong context) in my last 14 years in US. I chose to go ahead and face this issue at would have surfaced one or other time and also impacted my foreign travel.

Note: Domestic Violence cases cannot be expunged or dismissed. And even if they are expunged or dismissed, only the general public (neighbors, employees, etc) don't have access to it. FBI and Immigration have access to all the history and files. If the case is expunged or dismissed, it is surely a positive point but not hidden from eyes of Immigration.

Were you convicted (even if it was later expunged or dismissed)?
 
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Immigration and Criminal attorney

An immigration attorney should have knowledge of the impact of your case on the final outcome of citizenship application. The experience and knowledge of the local office Immigration Officers is very important. If your current lawyer is experienced, knowledgeable and respected, then it should be good enough. Otherwise choose an attorney with Immigration and Criminal experience.

Good Luck.

It's good to see such discussion taking place here. I don't have a case
of DV, but I do have a arrest record for a small skirmish at a local
bar I got pulled into. Anyway, the case was dismissed "without any
prejudice". I have hired a lawyer for my interview who specializes into
immigration, family law and real estate law.

After reading your case, I was wondering if I should hire a lawyer
who specializes into immigration AND criminal law?
 
Thanks for the reply. My problem is that I am not sure if my lawyer is so much
experienced in handling such cases. He says he has worked with people in the
past who has such issues. But I am still not sure. What kind of questions I
should ask him to check if he experienced and knowledgeable lawyer in
immigration matters?

By the way, does a lawyer with a higher fee considered a more respectable
lawyer?

An immigration attorney should have knowledge of the impact of your case on the final outcome of citizenship application. The experience and knowledge of the local office Immigration Officers is very important. If your current lawyer is experienced, knowledgeable and respected, then it should be good enough. Otherwise choose an attorney with Immigration and Criminal experience.

Good Luck.
 
Note: Domestic Violence cases cannot be expunged or dismissed. And even if they are expunged or dismissed, only the general public (neighbors, employees, etc) don't have access to it. FBI and Immigration have access to all the history and files.
I know that. That's why I put "even if it was later expunged or dismissed", to avoid having you say No if it was expunged.
 
Choosing Immigartion attorney

An attorney with higher fees usually better because s/he knows its worth in the market and it also shows that s/he is busy with other cases. You need to talk to at least 3-4 attorneys to get an estimate about their knowledge in cases related to you. Make sure you do your homework before going for a consultation with the attorney. Ask some good questions and compare their replies.

. Ask for references from his past cases. A good attorney shouldn't have an issue with it.
· What are the steps involved in your case
· What is the estimated duration and costs involved in your case
· What are the potential difficulties and complications with your case
· What can you do to help speed things up and reduce the costs of your case
. Member of AILA (American Immigration Lawyer Association)

There could be more ways to filter a good attorney to fight your case, but these come to my mind for right now.

Thanks for the reply. My problem is that I am not sure if my lawyer is so much
experienced in handling such cases. He says he has worked with people in the
past who has such issues. But I am still not sure. What kind of questions I
should ask him to check if he experienced and knowledgeable lawyer in
immigration matters?

By the way, does a lawyer with a higher fee considered a more respectable
lawyer?
 
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It's good to see such discussion taking place here. I don't have a case
of DV, but I do have a arrest record for a small skirmish at a local
bar I got pulled into. Anyway, the case was dismissed "without any
prejudice". I have hired a lawyer for my interview who specializes into
immigration, family law and real estate law.

After reading your case, I was wondering if I should hire a lawyer
who specializes into immigration AND criminal law?

When did this happen?
Were you convicted?
What was the charge?
:D:D:D
 
Application withdrawal

Q1: Is there a form to with draw the citizenship (N-400) application? If not, is there a generic draft available somewhere on the web?

Q2: What are the negative impacts of withdrawing the N-400 application.

Q3: What is the time line to send this application?

Q4: Does this application needs to be handed over personally or should be sent be registered post?

Thanks.
 
The LexisNexis site www.martindale.com is a good source to find lawyers for any reason. Search for lawyers with Immigration and Criminal Law as their area of practice in your location here. If they are peer reviewed they will have a rating of AV, BV, or CV as explained here. However just because they are not peer reviewed does not make them bad lawyers. My personal attorney is not peer reviewed but I am pleased with his services.
 
A deferred adjudication along with acceptance of a diversionary program (e.g. anger management classes, probation) are likely to be considered a conviction for immigration purposes. As far as I can tell, a domestic violence conviction is a removable offense, so you MUST consult with an experienced attorney before your interview.
 
One dv offense

I just have one dv offense. It could result in removal proceedings but one offense shouldn't take my case to such extent. I have talked to couple of attorneys and in a process to talk to couple more.

I wasn't sure how the 5 yr CIMT is calculated. But now I understand that 5 yr CIMT starts from the end date of probation to the filing date of N-400. Since I am just short by few months, I was thinking of N-400 withdrawal now and resubmit a new application after few months. One of the attorney advised that my application will surely get denied even if there are no other issues( like opening of case in immigration court or removal proceedings) because I applied before the end of 5 yr CIMT since the end of probation.


A deferred adjudication along with acceptance of a diversionary program (e.g. anger management classes, probation) are likely to be considered a conviction for immigration purposes. As far as I can tell, a domestic violence conviction is a removable offense, so you MUST consult with an experienced attorney before your interview.
 
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if the maximum possible penalty is 1 year or more and/or the actual sentence received is greater than 6 months, you are ineligible unless you prove you have good moral character. which is hard to do. start doing community service by helping the needy.
 
Is the interview and deportation an issue during citizenship process or are there chances of this during the GC application too.
Anyone who had an interview for the same during GC application ?
 
GC application is much more descresionary compare to Citizenship application in terms of adjudication process. I have known one individual in the past has been detained during N400 interview, then referred to Removal proceeding due to his past. I have heard any thing like that happend for CG application. Under the immigration laws, it is always the possibility to detain ANY one should individual is soght to violated immigration law and with the grands for removal.

If anyone who feels that could be an subject, especially for N400 application, should always consult an experienced attoney before proceed.
 
domest violence cases are cases that involve CIMT. it sucks but i hope your outcome will be for the better. good luck. but domestic violence cases can get expunged as long as you were not convicted. in america, you can get arrested just based on probable cause if a spouse complains because the society believes in protecting women and women can and do use the law towards their advantage. but if u were arrested, and convicted, then that could be a problem. and domestic violence, if convicted, see what the maximum possibnle sentence is for ur case and u already said that ur sentence was 6 months. already u might not be eligible for naturalization since it was six months or greater actual sentence. but if it is outside the 5 year window period, u should be fine.
 
in america, you can get arrested just based on probable cause if a spouse complains because the society believes in protecting women and women can and do use the law towards their advantage.

I disagree. The law treats equally men and women as victims of DV.
I personally know two cases both involving immigrant women. Both were arrested for a DV incident against their U.S. spouses. The first one was from Russia, during a domestic argument with her husband she slapped him...he called the police, she was arrested, detained for a night in jail. She was not convicted, but had to undergo anger management classes. She later divorced her husband. She has been in this country for 15 years, has been a GC holder for 12, and is afraid to apply for naturalization because of that DV incident happened in 1995.
The second woman is from Bosnia. In 2002 her U.S. husband called a police on her because she yelled at him during a domestic argument. She was arrested, spent a night in jail. Her case was dissmissed, however, she did anger management classes. Last May she had her N-400 interview. Guess what? She was refused naturalization, despite all the explanation (both verbal and written) of what had happened back in 2002. She had to hire an immigration lawyer after that and now is in the process of appealing the USCIS decision.
My point is: Gender is not an issue (at least in this country, thanks to God) in legal cases, and the law treats women and men equally - no matter, if criminals or victims.
 
Guess what? She was refused naturalization, despite all the explanation (both verbal and written) of what had happened back in 2002. She had to hire an immigration lawyer after that and now is in the process of appealing the USCIS decision.
My point is: Gender is not an issue (at least in this country, thanks to God) in legal cases, and the law treats women and men equally - no matter, if criminals or victims.

My understanding is that a DV CIMT is a permanent bar to naturalization, and may make you subject to removal proceedings.
 
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