Arrested twice 2 months before GC interview

R

Rae E.

Registered Users (C)
Hello Guys,

I have been a long time reader and almost first time poster, and I will make my story very short.

I have my LPR case pending, married with an 8-month daughter to an american citizen for almost 2 yrs and was arrested twice last months. Domestic assault (2x) and Interference with an Emergency phone call. All Misdemeanor, the first two being class A.

On the criminal side, my wife is not going to testify against me and there is no proof that I touched her (bruises, scratches...) or interfered with anything, because I did not. I called the cops and she was mad at me, both times, and she made her point in the 'her words against mine'. The criminal case is now ongoing in Fort worth and I will have to go to trial, since the prosecutor's plea barguain was not satisfactory.

My real issue is immigration: my records had been clean so far and I checked the 'No' for arrest, now I'm pretty sure the question will be asked again at the interview (on october, Friday the 13th, God Forbid :( ) and the last thing I am going to do is lie. My issue is now that my criminal case will probably not be resolved by then, and I'm afraid my green card will be denied.

If my criminal case is resolved by a miracle, I'm still wondering what is going to happen.

I would like to know whether any of you guys have any input on the issue on what i need to do and how I need to act. If you've been arrested and went to the green card interview, or if you had a case remotely similar, or if you just have a point of view, please let me know before a catch the deportation plane...

Thanx y'all for the info!
 
Don't lie, that will make things worse.

Sorry that you're in this situation.

If this is about a situation with your wife and she willingly won't testify against you, can't she somehow persuade the prosecution to drop the case?

I maybe wrong or just confused.
 
I do not know the details, but I ma pretty sure that nowadays most governmnet agencies know that an arrest is meaningless. What they are usually concerned about is whether you are convicted.

Many people get arrested and not convicted. I know that on a job application, in most states, they are not allowed to ask about arrests anymore, only about convictions.

May want to research this more.
 
I won't lie, but what would be the outcome of the interview if the criminal case is still pending?
Also, Texas is one of the state that has a no-drop policy on Domestic Violence cases, so it's me against Texas. My wife does not have anything to do with the case anymore. Her testimony would be a major pillar for the prosecution's argument but I don't know to which extent.
I might just try to postpone my interview, which would allow me to finish the criminal case, but I have never heard of it, and I don't know what it will mean
 
During the interview when it comes the part "if you have been arrested before"...then you said your story but you need court papers or what you get from the process so far because you need to show proof of it. I think since your court day is not yet what can happen is that your could be put on pending until they received from you the court decision or something similar. It's just a guess...
 
That's what I wonder actually, is it going to be "pending" or "denied", and if pending would I have to go back to court...
 
I suggest you go to an immigration attorney,

DO NOT VOLUNTEER ANY INFO,
IF & only IF they ask about it then tell the USCIS IO the TRUTH.

When you marked no on the form at that time you had no arrests so you don't worry about that, they will see your record when they do your background check. If it is of any concern to them they will let you know what you need to satisfy the clearance requirements such as affidavit from the court that showing the case is dropped or reseolved w/out prejudice.

You need legal advice and i would suggest ASAP before your interview comes.Your idea of rescheduling your interview is not a bad one it will give you time to resolve the case.

Good Luck I also hope that your relationship with your wife is more stable, because the USCIS will look at the nature of the charges.
 
Conviction

Hey my exhusband plead guilty to a domestic assault charge I had on him, and he had nothing but a marriage license. He was on probation and then he was picked up by border patrol. Because you can't have a conviction none what so ever or you will be deportrd. He plead guilty and is in New Orleans Prison waition for deportation, which will be about 3 months or longer. We were married 2 years he left and then he came and assaulted me wanting a dvorce, I fought it, but then when he assaulted me I gave him one the he got picked up. He did it to his self. I tried.
 
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