Arrested 6 years back

[techhairball]

Question for the group. One of my friends was arrested for a domestic battery 6 years back in 2002 with his wife. Completed Probation and councilling. Got Divorce in 2003, received GC in 2003. Remarried in 2004. Now planning to file for Citizenship.

What can be done so that that case of Domestic battery does not impact citizenship application? Any help would be highly appreciated. Thanks.

 

[Jackolantern]

See a lawyer, as applying for citizenship would be risking deportation.

And we know it's not your friend, it's you.

 

[techhairball]

Thanks for the reply.

 

[Bobsmyth]

Question for the group. One of my friends was arrested for a domestic battery 6 years back in 2002 with his wife. Completed Probation and councilling. Got Divorce in 2003, received GC in 2003. Remarried in 2004. Now planning to file for Citizenship.

What can be done so that that case of Domestic battery does not impact citizenship application? Any help would be highly appreciated. Thanks.

What was his immigration status at the time? Was the charge disclosed during the GC process?

 

[WBH]

See a lawyer, as applying for citizenship would be risking deportation.

Deportatrion part shoul dbe OK because it happenbed before the person got the GC assuming he disclose it in the I-485 application (the tricky thing
is what if the incidence occur after sending I485 and before the
approval of I-485 without an interview).

Domestic violent, unless also involved moral turpitude, is a deportable
offense but not an inadmissible offense. When applying for adjustment of status (green card), it is inadmissibility criteria that matters. Once
adjusted to permanent resident, the prior deportable offense should
not make the person deportable anymore ( matter of rainford)

See Section F.1.a in this document.

http://www.ilrc.org/resources/DV_article_Brady_1.07.pdf

 

[Jackolantern]

Deportatrion part shoul dbe OK because it happenbed before the person got the GC assuming he disclose it in the I-485 application (the tricky thing is what if the incidence occur after sending I485 and before the approval of I-485 without an interview).

I didn't say guaranteed deportation, I said there is a risk that an attorney must evaluate. Without knowing the specific details of the case and the sentence and the maximum sentence and what was pleaded and so on, we don't have the information or the qualifications to say there is zero risk.

 

[WBH]

I didn't say guaranteed deportation, I said there is a risk that an attorney must evaluate. Without knowing the specific details of the case and the sentence and the maximum sentence and what was pleaded and so on, we don't have the information or the qualifications to say there is zero risk.

Of course, but in such a gray area the only way to get it over with is to file for citizenship and see what can happen. Otherwise one has to live in fear for the rest of his life. There is no run from it and no fun in it. It depends on different perspestive of life for some that is worse than deportation.