Continuance

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fs2010

Registered Users (C)
Hi,

I went last week for my Interview. I was asked to bring my Drivers License and also my court dismissal order for two falsely created domestic battery charges by my ex-wife.

The state cleared me of both the charges and the Judge gave an yellow notice of the dismissal. I thought those were for both the cases, but unfortunately it was for the first incident. I passed the test and everything and the officer questioned me about this incident and I explained to him that my ex-wife was an alcoholic and she created these problems and got me into trouble. He asked for the court dismissal, and I gave him. He asked me there are two incidents and you are giving me only one. I did not know and I told the officer, this is what I got from the Judge and my attorney. So, he said I wanted to see those records, and I handed him the police reports for both the incidents and he filed it on it.

I had also expunged these records, since I was looking for other jobs and move out of my job, and my attorney filed an official thing through the court and it was filed on the newspaper and then it was expunged. I showed the officer the expunged record filing also, he took it and filed it in my papers. Then he asked me about my child support payments, and I told him I pay my child support regularly, he said do you have the copies and I did not take anything with me about it, since it was not asked in the yellow sheet that they sent me. Then, I told the officer that I can produce them. I have 98% of the checks and the statements which I had issued the checks to my ex-wife for child support and there are few missing here and there and I am trying to contact the bank since this has to go six years back to get all these checks.

Then, the officer said that once he gets all these information about the court cases, the indictment documents or charges and the child support payments information, then he will make a decision on my case. What next? Does this happen to good people who are obedients, abide by the law and are doing the right thing always paying taxes, obeying the law. An alcoholic ex-wife who created so much problem and misery in my life is now gone and I was innocent and got arrested for her stupidity.

I am a good man with good heart and have done always the right things in my life and here I am stuck not knowing what is going to happen.
 
fs2010 said:
Does this happen to good people who are obedients, abide by the law and are doing the right thing always paying taxes, obeying the law.
Click to expand...

It happens to good people who have complexities in their situation, such as being arrested or getting divorced with a child under 18. They have to check the evidence to ensure that you are not one of the bad people who committed crimes or failed to pay child support.
 
fs2010,
The IO's actions in your case were in line with the standard operating procedures.
Whenever there have been arrests and/or criminal charges, the IO needs to see proof of their disposition before a case can be approved.
This is especially important for any domestic violence incidence since any conviction (rather than just an arrest) for a crime of domestic violence is a deportable offense, see http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

Similarly, they do need to see the proof of child support payments.

Once you send the required documents to the IO, it'll take another few weeks to a couple of months, but your case should be approved.
 
Hi,

Thanks for the information. Yes, I understand that once all these documents are submitted that it would be approved. But, unfortunately, the officer wants me to reopen the expunged record. This is going to be a long process plus he wants certified copies of the charges and other indictment charges. Which I think can only be got after it is reopened. My attorney is working on this as he has never open a record which was expunged. Also, I need to have this in 30 days, and what if I cannot get all these taken care within 30 days as you know it is not easy to go ahead and get all these opened get the copies, even though I submitted a copy when I went there.

I will go ahead and try to get this done no matter what, as I am innocent, but it is only going to take time and within 30 days well which I have to see. In the event of child support, I have paid most of it through my own bank which I automatically schedule the payments except for 2 years where my ex got it through the court. So, I need to get that from the court as well as I need to get few checks which are missing out of 6 years. I might be missing few checks and this is because I do mostly online through bill pay.
 
I am not sure if there is a question in the last statement, but here's my opinion. The USCIS and its officers need to validate any claims of abuse, and other potential crimes to make sure they are making good honest people like you citizens, and not some crooks who are trying to beat the system. As you might realize, it is easy for people to claim they are good citizens when they are not asked to provide proof, and I fully support the rules as established.

Regarding expungement, it is expunged from the memory of the courts only so much ... the records exist, but people are denied access to the extent of courts disavowing having them ... so if someone comes after you under a three strikes law, this record is not the first strike. However, such records are available to CIS for their review of potential citizen's character, and these records should be available to you. Yes, it takes time to get them, but please do not assume expunged records can not be retrieved ( I would not call it "opening" ). Check with a different lawyer, if your lawyer has not seen it happen.

Regarding child support, again you need to procure documents. I think the officer might be satisfied if you can produce "most" of the checks along with a affidavit from the ex-spouse that you are current on all payments.
 
Calm down

Good people can have bad things happen to them. Just relax and wait for the IO to make a propoer decision, meaning the one that favors you. For now, worrying won't change or bring a decision faster to you, as such, why worry? Worrying people shorten their lives by 8 years, even good guys:cool:
 
Thanks Guys to Everyone

Thank you all for comforting me. I am fully trusting in god. I have filed a peition in the court to get the certified copies of my records. I am waiting and hoping that I can get it in another 5 days. My attorney filed it yesterday. I got all my child support proof and I have no problem with that, as I always pay for my children and never deny them and my ex-wife makes a lot out of it and never spends it on the children.

My second wife also wrote to the DA where she said that she lied to the officers that I did anything for both the incidents and I have that email. I had attached it with my dismissal letters, but at the last moment I removed it before going in for the interview and I did not know why? That would have helped him understand, but I have that email which was sent to the DA and also to my attorney and I am resubmitting that with the proof of my child support payments and also once I get the certified copies, I am going to submit that. I am hoping that the Immigraiton Officer understands that I was cheated in my second marriage and was taken for a ride for money.
 
Continuance - Papers sent

Hi,

Well, I have sent all my certified copies of papers and the child support payments to the USCIS by mail with a received receipt before one week of my due date which was July 24th. It is one week past the due date almost, I have not seen any change in my status. I am wondering whether the packet which I sent would have reached the officer, since I sent it addressing to the USCIS. The officers name is inside where I had to send his paper which he wanted me to send it along with asking for these two things. How long would it take for me to know whether the officer has even viewed my papers that I sent. I have a confirmed receipt that it was received by the USCIS the next day. I forgot to ask him whether I was supposed to take it to him directly or mail it to him. All that he said, was that I had to send all these documents which he needed.

Any suggestions?
 
Your status will not change online. You will receive a decision (an Oath letter or a denial letter) by mail.

Relax, I'm sure everything will be ok. Keep us updated!
 
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