Will I be detained?

S

secondchances

Registered Users (C)
I was arrested 5 years ago for Domestic Violence (non-aggravated
assault, misdemeanor) . I pleaded guilty and accepted a deferred
sentence (which is a conviction for immigration purposes). I was given
2 yrs probation and sentenced to 93 day jail time which was suspended
(which means I didn't serve any time). I completed probation after
attending anger management classes and my case was dismissed. The
maximum sentence for a similar case under the section of law that I
was judged is 12 months.

I have now applied for adjustment of status based on an approved I-130
(marriage to a USC). I have also submitted several court-certified
documentation related to my case and have additional documentation
that I am willing to provide on request. My application has been transferred to NBC and I have a receipt number for all applications.

I understand that my offense is deportable and that I might be put in
removal proceedings which I might be able to appeal.

My question is this: Will I be detained without a formal notification
from DHS / ICE? In other words, will DHS / ICE pick me up from work or
my home without notice and detain me? Or, will I be given a formal
notification like a denial / intent to deny / appear before an
immigration judge?

Based on my research, my crime is 'deportable but not inadmissable'.

I want this information to be better prepared and am really anxious.
Any help will be appreciated.
 
First of all, let me tell you that I am not an attorney and I can only give you advice or suggestions based on what I believe to be true. To get legally competent advice you definitely will need to consult an immigration attorney. Having said that, let me begin by asking you the following question.
Did you make a foreign trip within the last five years after your conviction? If you did make such a trip, then you are probably safe. You are right in finding out that domestic violence (as long as it is not a felony and the maximum possible penalty is not more than 1 year) is a deportable offense but it does not contribute to inadmissibility. Which means that domestic violence (under the same conditions that I mentioned earlier) becomes a deportable offense only if you have committed that after your last entry. If you have not traveled outside USA after the incidence took place, then you may be in trouble because the immigration authorities have every right to put you into removal/deportation proceedings and it is very likely that they will do so. If it were prior to 9/11, I would have said that they would not detain you before the case has been decided, but in the post 9/11 period anything can happen. Your best option is to consult a competent immigration attorney. Choose an immigration attorney who practices in the immigration court that has jurisdiction over your case. If you are placed on removal proceedings then you will be sent to an immigration judge who will make a decision on your case. This judge will be located in your local immigration court and if you have an attorney who practices in that court, they will know a lot of people there and if they are competent enough, they may have a good reputation and, thereby a good rapport in that court. This may be of big advantage to you. Not only that, since he/she already presents his/her clients in that court, cost wise it will also be easy on you. Do not wait till the last minute to choose your attorney. Start your search now. You may have a very bumpy road ahead and it is important that you are ready for it. Good Luck.
MGM
 
MGM said:
First of all, let me tell you that I am not an attorney and I can only give you advice or suggestions based on what I believe to be true. To get legally competent advice you definitely will need to consult an immigration attorney. Having said that, let me begin by asking you the following question.
Did you make a foreign trip within the last five years after your conviction? If you did make such a trip, then you are probably safe. You are right in finding out that domestic violence (as long as it is not a felony and the maximum possible penalty is not more than 1 year) is a deportable offense but it does not contribute to inadmissibility. Which means that domestic violence (under the same conditions that I mentioned earlier) becomes a deportable offense only if you have committed that after your last entry. If you have not traveled outside USA after the incidence took place, then you may be in trouble because the immigration authorities have every right to put you into removal/deportation proceedings and it is very likely that they will do so. If it were prior to 9/11, I would have said that they would not detain you before the case has been decided, but in the post 9/11 period anything can happen. Your best option is to consult a competent immigration attorney. Choose an immigration attorney who practices in the immigration court that has jurisdiction over your case. If you are placed on removal proceedings then you will be sent to an immigration judge who will make a decision on your case. This judge will be located in your local immigration court and if you have an attorney who practices in that court, they will know a lot of people there and if they are competent enough, they may have a good reputation and, thereby a good rapport in that court. This may be of big advantage to you. Not only that, since he/she already presents his/her clients in that court, cost wise it will also be easy on you. Do not wait till the last minute to choose your attorney. Start your search now. You may have a very bumpy road ahead and it is important that you are ready for it. Good Luck.
MGM
Click to expand...

Thank you for your advice / response. I have not traveled in the past 5 years since the offense. I have sent emails out to a couple of immigration attorney's that specialize in this time of a case and hope that they respond. In the meanwhile, if you have any advise on a competent attorney then please let me know.

Today I received a notice for my fingerprints to be taken. The process appears to be moving quite fast. My adjustment of status was filed two weeks ago and I have already received the notice for biometrics. Is there a possibility that they might detain me at the time of fingerprinting? My other question is why has my I-485 has not been rejected since I declared the arrest and conviction in the application? Why am I being asked for to get my fingerprints taken if I have already deemed myself deportable by declaring the arrest / conviction in the I-485?

Lastly, my wife and I are fully prepared to face immigration proceedings before a judge, but what we are not prepared for is if ICE comes and picks me up from home or work without notice.
 
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You will be interviewed after the FP check reveals an arrest, and then approved under the petty offences exemption. No one is coming after you, or referring you for deportation, much less "picking you up".

Of course, since I am not a lawyer, my opinion is not to be trusted :), so, talk to an immmigration attorney, and, better still, take him with you to your interview. I just wanted you to not have to worry unnecessarily - hence the above "opinion", which, more than very likely, will be the outcome.
 
Man oh man, I had Domestic Violence 4 times. With my mother, she'd always call the cops on me. I'd go to court and I told her if she would come in. I would have a record, and immigration would be after me, then they be after her, she wouldn't show up for court. I swear she would call on me for no reason. Even if I spent the weekend at a friends house. But in my case all chargers where dropped due to her not showing up in court because it wasn't true. Funny she paid for all my lawyers, go figure.

When boarder patrol picked me up they told me about this, and I had told them what happened they said this wouldn't be on my record, or would have any problems with it at all.

While in Court the judge asked the pros. if the US goverment had any problems with me. They opened the file, (note i got scared, i didn't do anything bad) then he closes it and says, "Nope his clean, nothing on him." :) I didn't spend no jail time, case was dropped. misdemeanor does not affect I THINK. But if you arn't sure like everyone will tell you, when they don't know the answer, Go speak to a lawyer.
 
Note I didn't have probation either, 3rd time my lawyer told me to go sign up at a clinic to show you have anger management, and are showing the judge you are trying to help yourself. 9 days I had to stick there. But hey no record :) And its normal they take finger printing.
 
niladri30 said:
You will be interviewed after the FP check reveals an arrest, and then approved under the petty offences exemption. No one is coming after you, or referring you for deportation, much less "picking you up".

Of course, since I am not a lawyer, my opinion is not to be trusted :), so, talk to an immmigration attorney, and, better still, take him with you to your interview. I just wanted you to not have to worry unnecessarily - hence the above "opinion", which, more than very likely, will be the outcome.
Click to expand...

Niadri30, thank you for your advice and for the effort to alleviate my worry. . I do plan to consult an attorney and have already attempted to contact someone who has the relevant experience for a consultation.

Unfortunately, I do not think the petty offense exception will apply to me, for two reasons: 1) This about domestic violence - it has it's own separate section in immigration law and 2) the maximum penalty under MCL 769.4a (Section of Michigan Code Law) is 12 months.

Like I said I am fully prepared to have my day in court, but not to be picked up and detained. That will be to much for my wife and I to handle, and no amount of anxiety medication that I am taking seems to make this worry go away :(
 
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mikekite86 said:
When boarder patrol picked me up they told me about this, and I had told them what happened they said this wouldn't be on my record, or would have any problems with it at all.

.
Click to expand...

Could you please clarify what you mean when you say that you were 'picked up'??
 
I had problems with family. the 4th time my mom called, long story. but once i was bailed out, i had them come pick me up. I was in jail and i was yelling telling them to call immigration cause i cant take this anymore.

at 1st they were like strick with me, after they heard my story and looked into it a bit on the system, they had my whole history. speeding tickets and all. they said i would be alright, just to take care of the case and make sure i dont have a record. my mom once again paid 3k for a lawyer. and by far boarder patrol was way to nice with me. those guys where the coolest. no lies.

also it was in michigan, detroit area. not in detroit detroit but outside city.
 
also if they do pick you up or anything like that and place you in jail. there is always a bail. mine was 15,000. mom paid right away. hehe.
 
Update

I have an appointment scheduled with an immigration attorney who specializes in deportation-related cases and practices immigration courts that will have jurisdiction over my case, should it ever need to go to court. Unfortunately he is only available to meet late next month.

My fear is that I will be detained before this, or when I go for my fingerprinting appointment in a couple of weeks.
 
Are you in Detroit also I take it?

If you are unsure of things, find a different lawyer, get them ready just incase they take you in and you need to set bail. Then you are given a court date. Then you got things to take care of once your going to court. Just saying on pass experiance.

But do find another lawyer, to wait 60 days or 30 days. Get ready ahead of time. Don't wait till the last minute.
 
secondchances said:
I have an appointment scheduled with an immigration attorney who specializes in deportation-related cases and practices immigration courts that will have jurisdiction over my case, should it ever need to go to court. Unfortunately he is only available to meet late next month.

My fear is that I will be detained before this, or when I go for my fingerprinting appointment in a couple of weeks.
Click to expand...

You will not be detained during finger printing. They will not also come for you. However, do remember that domestic violence is the only crime that does not fall under the petty offence exemption as somebody else suggested. You need to consult an attorney and prepare your case. During your interview, they may tell you that they are referring your case to immigration court where an immigration judge will decide your case. In most likely case, they will not detain you. But to be on the safe side, I think you should have your attorney with you during the interview. Good Luck.
MGM
 
Thank you for your feedback.

I have an appointment with a lawyer who practices in the court will have of my case, but that appointment is not until the last week of March. I was only worried about something bad happening between now and the meeting with the lawyer.
 
1. Petty offence exemption does not distinguish between CMIT or not. So DV is not an issue.
2. Max penalty >=12 months AND awarded sentence >=6 months is required to be disqualified. You may have a problem there IF suspended sentence was on FORMAL probation. Informal or court probation does not count.

Anyways, the attorney is the guy to listen to.
 
niladri30 said:
1. Petty offence exemption does not distinguish between CMIT or not. So DV is not an issue.
2. Max penalty >=12 months AND awarded sentence >=6 months is required to be disqualified. You may have a problem there IF suspended sentence was on FORMAL probation. Informal or court probation does not count.

Anyways, the attorney is the guy to listen to.
Click to expand...

Niladri, thank's again for your feedback.

In my case the max sentence is 12 months and my awarded sentence was 93 days. The problem is that the probation of two years was formal. I don't know what you mean by court probation. Anyway, I hope the lawyer has better info when I meet him in a month.
 
Thank you. I absolutely appreciate the advice I have been receiving, and while I know that I need to validate all of this with a lawyer, it definitely helps.

All I want is 'my day in court' and I know that I will be ok. I just don't want to be hauled away and treated like a common criminal before that. Especially not after the rehabilitation that I have gone through over the past 5 years since that terrible day. I know that I am a good person and that the incident I was charged with never should have happened because that is just not who I am. If they still want to send me home them so be it.
 
Court probation is the same as informal probation, where you don't have reporting requirements to a probation officer etc. Just report to court at end of probation period your evidence of compliance (usually, the fact that you got into no more trouble).

AFAIK, formal probation counts as jail time, but since you already had a 93 day sentence awarded, I haven't understood formal probation on top of that.
 
niladri30 said:
Court probation is the same as informal probation, where you don't have reporting requirements to a probation officer etc. Just report to court at end of probation period your evidence of compliance (usually, the fact that you got into no more trouble).

AFAIK, formal probation counts as jail time, but since you already had a 93 day sentence awarded, I haven't understood formal probation on top of that.
Click to expand...

Yes, I had 93 days, with 92 days suspended on completion of anger management classes and probation, which involved sending emails to a probation officer telling him how my anger management classes were going, and sending those reports to him.
 
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