Assault Charge - Impact of Citizenship

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wonderfulboy

Registered Users (C)
I came to USA around 10 years back in October 1999. I got my permanent residency in the year of 2005, February. I never had any criminal records or background till December 2008 other than few traffic violations. But on 24th, December 2008 I hit my wife due to some personal arguments/dispute for which on 30th december 2008 the county police arrested me at my home and put me in County Adult Detention Center (ADC) from December 31st 2008 - February 4th 2009. During the court hearing on February 4th 2009, i plead guilty for the charge. I have been convicted and the judge did charge me for VA state code 18.2-57 (Simple Assault and Battery) for 364 days jail time but exempted all the jail time. I have been asked to be under supervised probation till February 2010 and also court ordered me to attend domestic violence classes. But my major concern now is since I am completing 5 years of having permanent resdiency from Feb, 2005 - Feb, 2010, i should be normally eligible for naturalization/citizenship. What kind of impact can the above incident have on filing for citizenship or naturalization after completing the probation February 2010? I have my permanent residency card valid until 2018. Can I also travel outside of USA after probation too? It will be really helpful if I can get to know my situation in these immigration matters.
 
What you did seems like a deportable offense. See a lawyer (preferably 2 or 3) before you apply.

Even if they don't deport you for this, you have no chance of getting approved for citizenship unless you wait 5 years after the conviction before you apply.
Can I also travel outside of USA after probation too?
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Depends on the specific conditions of your probation; you'll have to check your court paperwork for details and ask your probation officer. Sometimes with probation you are not even allowed to leave the state where you were convicted.
 
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wonderfulboy said:
Can I also travel outside of USA after probation too?
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As JOL has said, it is doubtful you can even leave the State let alone the US. Go to the Court that sentenced you and ask there. You should have been given a set of parole limitations. Read them carefully.

Do not take the word of anyone here for important stuff like that. A parole violation could have you in the slammer (prison) in a heartbeat.
 
Domestic violence is deportable offenses. See the following quote from USCIS
website about INA Act 237. Unlike CIMT that has a sentence duration as deportable threshhold, DV as deportable offense does not even specify sentence duration as a preconditions. (Of course a DV in the
meatime can also be classified into a CIMT or even aggravated felony
so the offender can be deportable on three grounds for the same act depending
on specifics).

I think you should forget about applicatioon for now until it is outside
5 years. You should concentrate on deportbility. If it is not
deportable or deportable but with luck USCIS using its prosecutorial power not to deport you, you can apply later.




http://www.uscis.gov/propub/DocView/slbid/1/2/65?hilite=

(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued fo r the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
 
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How could a wonderful boy do it?

wonderfulboy said:
I came to USA around 10 years back in October 1999. I got my permanent residency in the year of 2005, February. I never had any criminal records or background till December 2008 other than few traffic violations. But on 24th, December 2008 I hit my wife due to some personal arguments/dispute for which on 30th december 2008 the county police arrested me at my home and put me in County Adult Detention Center (ADC) from December 31st 2008 - February 4th 2009. During the court hearing on February 4th 2009, i plead guilty for the charge. I have been convicted and the judge did charge me for VA state code 18.2-57 (Simple Assault and Battery) for 364 days jail time but exempted all the jail time. I have been asked to be under supervised probation till February 2010 and also court ordered me to attend domestic violence classes. But my major concern now is since I am completing 5 years of having permanent resdiency from Feb, 2005 - Feb, 2010, i should be normally eligible for naturalization/citizenship. What kind of impact can the above incident have on filing for citizenship or naturalization after completing the probation February 2010? I have my permanent residency card valid until 2018. Can I also travel outside of USA after probation too? It will be really helpful if I can get to know my situation in these immigration matters.
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How could a wonderful boy do such a "wonderhorrible" thing to a girl...:rolleyes: You should consider yourself lucky you were not locked up for a couple of years, anger is a terrible thing but hitting your wife is lowdown and dirty...:mad: I know someone who hit his wife and was arrested and charged, never spend time in jail but was never granted a GC. He fought for the GC for about 3 yrs, but was denied because beating your wife raises issues of moral turpitude as well. Your conduct is considered contrary to community standards of justice, honesty or good morals. :cool: Once you are cleared by your PO, just find fun activities to do in this country because if you are stopped at POE by an aggressive poop eating officer, you might be detained and questioned about why you have a criminal conviction...;) 2018 is a bit far out, but your probability of being granted USC is as remote as the GOP chances of winning back Congress in 2010. Your character is a problem here, unless USCIS start accepting all wife beaters, which will make your case sail through adjudication...;) I never said you were a wife beater, just that your conduct was unbecoming of all wonderful boys...:eek:
 
I agree with Al Southerner. Just stay put for now but stay out of trouble. I had a child outside marriage and that caused me hell. Still waiting on either approval or Denial.

So Be clear of trouble and control the anger. Please.
 
wonderfulboy said:
I came to USA around 10 years back in October 1999. I got my permanent residency in the year of 2005, February. I never had any criminal records or background till December 2008 other than few traffic violations. But on 24th, December 2008 I hit my wife due to some personal arguments/dispute for which on 30th december 2008 the county police arrested me at my home and put me in County Adult Detention Center (ADC) from December 31st 2008 - February 4th 2009. During the court hearing on February 4th 2009, i plead guilty for the charge. I have been convicted and the judge did charge me for VA state code 18.2-57 (Simple Assault and Battery) for 364 days jail time but exempted all the jail time. I have been asked to be under supervised probation till February 2010 and also court ordered me to attend domestic violence classes. But my major concern now is since I am completing 5 years of having permanent resdiency from Feb, 2005 - Feb, 2010, i should be normally eligible for naturalization/citizenship. What kind of impact can the above incident have on filing for citizenship or naturalization after completing the probation February 2010? I have my permanent residency card valid until 2018. Can I also travel outside of USA after probation too? It will be really helpful if I can get to know my situation in these immigration matters.
Click to expand...

Are you in good terms with your wife now? As suggested above, you should consult with some good immigration lawyers before starting the process. Also try to consult with a criminal attorney to see if anything can be done to change your criminal record.

Good luck.

:)
 
formerf1 said:
Are you in good terms with your wife now?
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If so I suggest he forget about application for citizenship now, instead be prepared for removal proceeding and let the wife file a petition for re-adjustment of statu to permanent residence. If his DV offense is not a CIMT or an aggravated felony, then such DV is deportable but not inadmissible so
re-adjustment of stayus to PR(also called re-immigration) is doable. One re-adjusted, he wiped his slate clean but the PR clock is reset.
 
srinikandi said:
Your moral character is a big question.
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The OP's case sound very serious. Other DV case reported are all that offenders were released on bon or without bond right after the arrest
and then waited for trial. He was in detention from Dec 31 to Feb 4
 
dms1 said:
Are you saying that affected your immigration activity? How?
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The full story was in another thread ... marriage-based immigration + child with a woman who is not the wife, while still married to the wife. It doesn't take much to imagine the immigration-related problems with that situation.
 
Jackolantern said:
The full story was in another thread ... marriage-based immigration + child with a woman who is not the wife, while still married to the wife. It doesn't take much to imagine the immigration-related problems with that situation.
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Ah - that makes sense now since their is obviously a question mark over the legitimacy of the marriage. Reading nelsonyiga's post in the context of this thread I read it as him saying that having a child outside of wedlock was causing his moral character to be questioned - something which would be absurd in this day and age.
 
dms1 said:
Ah - that makes sense now since their is obviously a question mark over the legitimacy of the marriage. Reading nelsonyiga's post in the context of this thread I read it as him saying that having a child outside of wedlock was causing his moral character to be questioned - something which would be absurd in this day and age.
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Having a child outside your young marriage is always a terrible idea, especially when you are still under the scrutiny of USCIS. The OP needs to fix his moral character issue before he can even contemplate N400, because filing one now can bring about damaging assult on his GC. I am always shocked at how immigrants are held up at higher standard than USC, even though most of them suck gas.. :eek:

Didn't a congressman steal money recently? I am waiting for USCIS to revoke his citizenship based on usburd moral failing...:mad:
 
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