Should I worry about deportation?

N

ndhelp

Registered Users (C)
Hi,

My husband has an interview coming up in a month. He has a history of a recent arrest for a second degree assault charge involving me. A slap on my face during an argument that led to all this mess. However, due to my marital privelege, my husband's final judgement was Not Guilty Aquitted.
However, the judgement sheet does say - spousal privelege by wife.

My question is -
Although the judgement is not guitly, the mention of spousal privelege on the judgement sheet and the police charge sheet description indicate a DV case. Would this cause any problems for him?

How should he prepare himself for the interview?

please advice.
Thanks
 
ndhelp said:
Hi,

My husband has an interview coming up in a month. He has a history of a recent arrest for a second degree assault charge involving me. A slap on my face during an argument that led to all this mess. However, due to my marital privelege, my husband's final judgement was Not Guilty Aquitted.
However, the judgement sheet does say - spousal privelege by wife.

My question is -
Although the judgement is not guitly, the mention of spousal privelege on the judgement sheet and the police charge sheet description indicate a DV case. Would this cause any problems for him?

How should he prepare himself for the interview?

please advice.
Thanks
Click to expand...

Law says only conviction lead to deportation and conviction for immi purpose include conviction, no conviciton but plead guilty, no conviciton but with sufficient fidning in crminal court. I am not sure if "spousal privelege by wife"
count or not.

Is there any way your husband provide only minimal documents. For example
only judgement sheet but not police arrest report?
 
If he plead not guilty and charges were dropped, there was no conviction.
However, the IO may still ask the details about what led to the arrest. Have him bring the certified court papers to interview. If this is his only arrest he should be fine.
 
Bobsmyth said:
If he plead not guilty and charges were dropped, there was no conviction.
However, the IO may still ask the details about what led to the arrest. Have him bring the certified court papers to interview. If this is his only arrest he should be fine.
Click to expand...

Hopefully the IO won't ask: did you really slap your wife's face?
 
The IO will definitely question the arrest....its up to the wife beater(husband) to choose his words wisely
 
Wong561hb - yes, the incident happened July 2009. Why?

I understand there is no conviction in our case. However, I am unsure about decision made based on spousal priviledge. Also, in the police report, it states that my husband agreed to his mistake. I too am hoping that the IO will see only the judgement sheet and not ask any further questions since it is one and only one offense on his record.

he has already applied for expungement a month back. dont know wht happened to it yet. but does that help in any way?

any more thoughts, please let me know
Thanks
 
From everyone else's posts it looks like they believe your husband's chances are strong provided he provides the proper documentation and appears remorseful to the IO. If this incident had taken place >5 years ago it would fall outside the general statue that USCIS takes into consideration when judging someone's character and this is the only concern I would have. There have been documented cases of people with violations considered less serious than your husband's who have been denied Citizenship because the incident itself was <5 years from their N400 application date.
 
ndhelp said:
Also, in the police report, it states that my husband agreed to his mistake. I too am hoping that the IO will see only the judgement sheet and not ask any further questions since it is one and only one offense on his record.

he has already applied for expungement a month back. dont know wht happened to it yet. but does that help in any way?
Click to expand...

Did he enter a plea other than not guilty at court?
Expungement does not help for immigration purposes.
 
The OP has to be careful here. Any violance (against women) has been taken seriously by USCIS...This incident (even there is no convinction) still impacts "Good moral character" assessment.

I think there is a risk. He needs to be well prepared for the interview and may expect some delay in approval process. Also, not to get into details, not sure if this can be help: e.g. let us say he has anger mgt, or the other medical problem which could led to this situation.
 
How about telling the IO "Me and my wife were into some S&M scenario and she forgot the safe word, so I slapped her by mistake".:D
 
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