Assault Class C Family Violence; Deportable?

B

bastogne

New Member
Hi,
So, I came to US last year on fiance visa, we got married and now I have the conditional green card. Things haven't been going very well for us and two days ago we had an argument (again), things got out of hand, and she said something that snapped me and I just pushed her away. She called the cops saying that I choked her, while I did not. The cops inquired from us separately, and advised us to spend the night separately; they did not arrest me or anything but gave me a receipt which says "Assault Class C F.V", I haven't yet got any notice from the prosecutor.
Now, the thing is that I told the cops everything honestly. I accepted that I had pushed her. Now, what are my prospects? What should I do? Will I get convicted of Misdemeanor class C (FV)? And if I get convicted of that, will I be deported? Is it a deportable offense? What if my wife tells the prosecutor that she takes back her statement. What will happen then?

Thanks guys, really need some guidance.
 
I don't know firsthand, but a quick internet search seems to indicate:
  1. For green card holders, a crime is not deportable unless it involves immigration fraud, or is punishable by jail.
  2. The meaning of "class C misdemeanors" is that they are not punishable by jail time.
So I think you're safe for now.

But you could have a huge problem coming up when your green card expires. Since it's a conditional green card, it expires in two years. You need to petition for removal of conditions. Normally, you need the cooperation of your spouse in order to petition. A failed petition, or no petition at all, means you instantly lose your green card and permanent resident status.

It is possible to petition without your spouse's help, but you'll almost certainly need a good lawyer to do it.
 
Ok, thank you very much. Also, as I haven't yet pleaded guilty on this (i.e I am not convicted yet), do you think a lawyer would be able to get an acquital on this (esp if my wife recants her statement)? Or make them drop the charges? As I really don't want a record for one silly moment.
Thanx alot
 
OK thanx alot. I am really grateful. One quick question about the immigration part of the question, if suppose I plead no contest for this and pay the fine, and then fill the application to remove conditions, arguing marriage in good faith (as it was), but I will have to mention this conviction and fine, would my application be rejected?

Thank you very much.
 
As far as I know, the only ways to file I-751 Petition to Remove the Conditions of Residence without your spouse are:
  1. Divorce waiver
  2. Extreme hardship waiver
  3. Battered spouse waiver
Battered spouse does not apply to you, since you are not the battered spouse. Extreme hardship is almost impossible to prove. That leaves option 1, the divorce waiver. To use this waiver, you must prove that your marriage was in good faith, and you must actually be divorced. Alternatively, if you cannot divorce in time, I believe you can start the divorce process and then petition for removal of conditions (I-751) on that basis, but you have to finalize your divorce before the I-751 petition can be finalized (you have one year between when you file the I-751 and when it must be finalized). Search the internet for "I-751 divorce waiver" and you'll find lots of info.

I would assume that any criminal conviction would not look good on your I-751 petition even if you don't get deported for it right away. However, note that even if you are charged but not convicted, you still have to list this on your I-751.
 
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