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helpWanted_DV

Registered Users (C)
Hi,

This is my first post here. I have been reading this post since 2006.

I need really really some advice/help from you guys.

Back in 09/2006, I had a non convicted/dimissed/expunged domestic violence cases . The court disposition says the case was dismissed for lack of evidence and never went to trial. Honestly I did slap my wife in my home when she was repeatedly annoying me during a family gathering which I should not have done. Her sister ( a divorced lady ) called 911. But my wife was cooperative enough to get the case dismissed. I was taken to jail,took 10 fingers printed, mug shots and release on bond next day.

I have no other prior convictions or DUIs or any traffic violations.

Since my dates were current, I applied my I 485. I am the main applicant and my wife is the derivative. I am on h1b and she is on h4.

I have a stable better job and my company attoryny is a very competant lawyer based out in Pheonix,AZ.

I explained everything to my lawyer , he studied my case , court dispositions etc etc and told me I will be ok. He also hinted that my application would be transferred to local office for interview and during the interview , during oath that officer tries to make me plea guilty even thoug my case got dimissed for lack of evidence .


1. Will it be a good advice to retain the services of a good lawyer ( i.e my company lawyer ) during interview?. how much can he help me ?. what can he do for me during the interview? My case got expunged and sealed. All non convicted cases will be erased from FBI. they keep only convicted even though Judge grants expungement . this is what the court house told me. So I am hoping my FBI record would be clean.

2. what kind of questions they would ask me during AOS interview?

3. will they really put pressure on me to plea guilty for the non convicted ?.


This has been botehring me of recent.

P.S, I am posting here my personal condition sincethis is an immigration forum and I need some advices. I dont need any "moral' advices if you dont have anything to help me. So, please DONT post anything on 'Moral advices' as everyone will have their own issues....

Thanks a lot.
 
Convicted for Domestic Violence initially !!

I had a similar problem like yours in December 2005. I also ended up slapping my wife after some frustrated moments at home. Needed to take my wife to a Doctor's office for treatment as the eye swelled because of the slapping. Told the Doctor truth and Doctor called the cops. Got convicted for 273.5 (domestic violence). I hired an expert criminal and immigration attorney to help me, since Domestic Violence conviction is a CIMT. You can be denied immigration benefits , if you are involved in CIMT. Immigration attorney helped me get the conviction reduced to PC 242 ( Simple battery ) which is not a CIMT. Recently filed I-485. I am not an expert immigration attorney, but I can tell you that you shouldn't be bothered much since you aren't convicted of this crime. I have ready many stories on this website where people were arrested for Domestic Violence , but not convicted, sometimes case was dropped, or sometimes there is insufficient evidence and people still got their green card. Please keep all your certified court records, jail records, arrest records with you . This is very important even if you goto the consulate for H1-B stamping.
 
Thank you skganji

Thank you skganji.

Yes. You are right. The problem is with Domestic violence, its between state and me. Unfortunately, My wife can not do much. Luckily her sister ( divorced lady ), who tricked me with DV left my home without going to court to give testimony on me. My court dispostion says clearly ' Dimissed without prosecution for lack of eveidence'. I have attached court document, lawyer letter and expungemnt letter. But I dont know if the USCIS officer tries to screw me by digging into more more details.

You should not have asked your wife come to court ( is hse is on ur side ) or please guilty. Anyway, Good luck to you.

Has anyone have smart answers to questions asked by USCIS offier if I get the interview?


Thank you all,
 
Go through these Links on Domestic Violence and GC !!.

There are some links which absolutely goes deep into the effect of Domestic Violence and its affect on Immigration. Go through them. It may help you to some extent giving you some hope in coming out of this situation. The following

http://boards.immigrationportal.com/showthread.php?t=191021

Another link with lot of useful information on DV and consequences/remedies.

http://boards.immigrationportal.com/...d.php?t=106010

I would like to help people who had this kind of problem, because I learned a lot from my experience with this problem. For 2 years , I was in a hopeless situation until recently when I got my labor certified, I am seeing some hope.
 
Hello all

i was going through someof the posts on thsi site and got some courage to share my situation with u all for some of ur valuable suggestions....me and my wife had a fight and i have slapped her and she called her brother who inturn called 911 and the cops arrested me and the case went to court where i pleaded guilty as per my attorneys suggestion and the case was reduced to simple battery and i was ordered to take domestic violence counselling classes under court supervision (i.e probation) till Aug'2008. in June'07 I got my I-140 approved and had already submitted my I485 preliminary round of applying to my attorney (with the employer) with medical reports etc. however once the dates have reopened as I had a arrest record and case i couldnt apply for my GC in the current stream where the last date to apply was 19th Aug'07. I have few questions on this whole situation

I have my H1 till Apr 2009 but didnt get it stamped yet so where can i go for my h1 stamping?
should i go after i complete my probation term i.e after Aug'08?
how is it going to affect my GC process?
when can i again apply for my GC?
Does this approved I-140 help me in anyway anymore?

Is it going to help if my wife starts applying for labor and we apply for GC on her name?
my wife is also working and she is on H1 too she got her H1 last year and has to get her H1 stampign done too how to go about it?
I read about record expunging / sealing when can i apply for that?

a single moment of anger has spoiled our lives and relationship....me and my wife are working on how to get things back togehter.....

I appreciate any additional information on this situation currently I am in...
 
Hi MSc,

I have discussed everything with my company lawyer. May be, you can schedule some time with your I485 immigration lawyer ASAP and see how to follow on the documentation.

A short best bet is: No. you will not be having any issues with your GC as even if it is CMIT, it has to hit 3 points in order to get deported...But your case looks like very sensitive as you got close to 1 years of probation..see the lawyer ASAP
I hope you and your wife are doing great and try to avoid involving that kind of brother in law ( or any other morons or any orther 3rd party people ) in your family matters...... if you want to involve friends, just involve those friends who know both of you and your wife very well.

Regarding expungement/sealing, talk to your criminal lawyer as you need to see the judge for the expungement. I am not sure if your case is applicable for expungement as some states wont allow expungement or allow expungement after x number of years.

Mine is a non convicted case ( Disposition says dismissed for lack of evidence ) as her sister , a divorced used up b**ch called the 911 . But as you are aware, the criminal cases are all between the state and you.

But good luck to you. if you need anything, you can ask here or send me a PM...

Good Luck,
 
Last edited by a moderator:
Pleaded guilty in DV case

Hi

Thanks for your reply...my wife told me that the state attorney told her that "your husbands job wont be affected as these wont get into records" is it that if attend all teh classes assigned to me and submit the reports to the court can my 1 yr probation period be reduced? is there any possibility of this kind? is there any other way to do this?....mine is not a CIMT as it was told by my lawyer and also didnt hear that word from the judge however would verify the court papers too..Also when can i start applying for my I485? after my probation period? or can i start applying for it now?
 
big word to everyone reading this , NOLLO PROSEQUIE , ( not prosecuted with whatever the reason is , not a conviction . but just dont repeat the song that u did slap your wife in front of the immigration officer at the time of interview , they do not have the right or law to go behind and read your police report .
as far as CIMT , the possible sentence max should be more than 365 days , one probations dont count toward the CIMT .
for an inadmissable conviction related to DV it has to be forcefull in nature .
 
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