Conviction

[Mydomesticviole]

My husband is on H1 and I am on H4, cleared I-140 ,In 2004 on 30 May me and my husband(no kids till now) were in the shopping mall, my husband wanted me to come home and he pulled my hand. Some body told the security. We doesn't know about this. They were watching us .Again he pulled my hand. After 5 minutes when we are leaving the store the Security person did not allowed us to go and told that police is coming and we should not leave the store as somebody had complained against my husband.

We were shocked. When the police came they asked me whether my husband is bothering me I denied they asked me checked me they did not nothing with me injuries but they arrested my husband . and charged him with Domestic Violence and Harassment and put him in Jail and took his finger prints. That was Sunday evening I think around between 5.30 To 6.00 PM and next day being a long weekend I went to the court on Tuesday. Nobody asked my husband that if he need an Attorney .We doesn't know that he should not speak without consulting an Attorney . He pleaded guilty He agreed for deferred Judgment and Angry Management Classes. He completed classes and the case is closed and dismissed( stated in the court papers ) But now when got and see the Court papers we were shocked to see that he was convicted for both Domestic Violence and Harassment. We doesn't know anything at that time and immigration consequences.


We have contacted lot of attorneys’ the are telling that the case cannot be reopened to reduce the charges cos the case is dismissed and they are telling me that this may be a deportable issue.


we contacted the court they are telling me to seal my case, so nobody will can access and it will not show in public records ,telling me to file a Petition to the Court to Seal a Criminal Record.




We did not file I-485 in the month for June scaring of deportation.



My questions:

1. If we file I-485 in next issue will I get it or not cos now the case is dismissed 1 year back,what will be the impact.

2. Is there any alternative.

3. Is this a deportable issue.

4. What is the advantage of sealing a criminal record, we know FBI and Immigration will have access to the Finger printing.

5. If we try other countries like UK or Australia what would be the impact.


6. We want to visit my country can we get stamping, can we go to Canada or Mexico for stamping what is the impact.

Please help us we are having sleepless nights.

 

[Jackolantern]

Whether it is deportable will mainly depend on whether it was considered a felony, and whether the punishment (whether probation or jail time) was for a year or more. You need to discuss the details with an attorney to find out if it is deportable. But if it is deportable you will still have the opportunity to challenge the deportation in court.

As far as other countries are concerned, it depends on whether they are only concerned about convictions, or if they want to also know about arrests. If this case was dismissed, it's no longer a conviction and you wouldn't have to mention it on other countries that only care about convictions. But USCIS wants to know about arrests of every kind, whether they resulted in convictions or not.

 

[skganji]

Domestic Violence is a CMT !!.

My husband is on H1 and I am on H4, cleared I-140 ,In 2004 on 30 May me and my husband(no kids till now) were in the shopping mall, my husband wanted me to come home and he pulled my hand. Some body told the security. We doesn't know about this. They were watching us .Again he pulled my hand. After 5 minutes when we are leaving the store the Security person did not allowed us to go and told that police is coming and we should not leave the store as somebody had complained against my husband.

We were shocked. When the police came they asked me whether my husband is bothering me I denied they asked me checked me they did not nothing with me injuries but they arrested my husband . and charged him with Domestic Violence and Harassment and put him in Jail and took his finger prints. That was Sunday evening I think around between 5.30 To 6.00 PM and next day being a long weekend I went to the court on Tuesday. Nobody asked my husband that if he need an Attorney .We doesn't know that he should not speak without consulting an Attorney . He pleaded guilty He agreed for deferred Judgment and Angry Management Classes. He completed classes and the case is closed and dismissed( stated in the court papers ) But now when got and see the Court papers we were shocked to see that he was convicted for both Domestic Violence and Harassment. We doesn't know anything at that time and immigration consequences.


We have contacted lot of attorneys’ the are telling that the case cannot be reopened to reduce the charges cos the case is dismissed and they are telling me that this may be a deportable issue.


we contacted the court they are telling me to seal my case, so nobody will can access and it will not show in public records ,telling me to file a Petition to the Court to Seal a Criminal Record.




We did not file I-485 in the month for June scaring of deportation.



My questions:

1. If we file I-485 in next issue will I get it or not cos now the case is dismissed 1 year back,what will be the impact.

2. Is there any alternative.

3. Is this a deportable issue.

4. What is the advantage of sealing a criminal record, we know FBI and Immigration will have access to the Finger printing.

5. If we try other countries like UK or Australia what would be the impact.


6. We want to visit my country can we get stamping, can we go to Canada or Mexico for stamping what is the impact.

Please help us we are having sleepless nights.

I can say that Domestic Violence is a Crime of Moral Turpitude. I have gone through this problem and have lot of information which I don't want to make it public. If you are interested, please send me an email.

 

[pleasehelp08]

Battery Case, need help

My older son who as acting crazy was fighting with my younger son. I got angry at him and tried to grab him. tried to run away from me a my nuckle hit him on the nose which was not intentional. He started bleeding and my wife saw the blood and without asking me, she called 911 for paramedics. Police showed up with them and asked my son as to what happened. he told them that I tried to grab him and my hand hit him on the nose. I was arrested. next day in court I pleaded not guilty and was released with no contact with the victim, my younger son and my wife since they all lived in the same house. anyways I stayed with my friend for month and half. in the meantime I went home almost everyday but just didn't spend nights there fearing I might get arrested again if someone saw me. Court date was scheduled after a month and half. before the date, District attorney asked my wife to bring my son for interview 2 days bore the schedules court date. He told him that it was an accident. the day when the hearing was scheduled, I went to court and my wife showed up with my son. Procecutor approched the judge and said that the police officer who responded to the call was and was not able to come to court to testify. Judge decided to give another court day which was 2 months later. I decided to plea guilty so that I can go back to my home. because I was scared I might get caught. I have been on GC for 8 years and did not file for N-400. I am thinking about filing it now but I was told that I might get deported. I was charged with Battery not domestic battery. Can anyone answer if this is a deportable crime? Thanks

 

[MGM]

Any conviction of domestic violence is a deportable offence. This is the only kind of CMT for which it does not matter if it was a misdemeanor or felony. However, your post does not clearly state what your husband pleaded guilty to. Later in your post you also mentioned that "the case can not be reopened and charges can not be reduced since it was dismissed". What did you mean by that? Or did you mean that the case has been decided? Could you please clarify that matter.
I am not sure why the police would arrest him in the first place if there was no valid reason for them to do so. Since you denied that you were not forced to go with him and there were no marks or injuries on you, I think he was arrested on the basis of what the store employees and others have stated as witnesses. Your husband could have easily beat the charges if only he had the presence of mind to deny all the charges and fought those in the criminal court. Anyways, now your option is to first find a competent immigration attorney who practises at the immigration court that has jurisdiction on you and your husband. If necessary, interview a few of these attorneys and discuss you case fully with them. It is a good thing that you postponed the filing of your I-485, because as soon as you apply and mention that your husband was convicted of domestic violence, he will be put into removal proceedings.

Sealing your records is not going to solve your immigration problem because your records will be open to immigration authrities no matter what.

If the conviction is indeed one of domestic violence, then leaving the country and reentering may help your case as the immigration court will consider cases since your last entry (I am not 100% sure on this, talk to an immigration attorney). On the other hand, you may not be able to enter if you leave the country. If your husband has accepted a deffered judgement then it means he is on probation. I am not sure if he would be allowed to leave the country while he is on probation. Once again, an attorney will be of help. If the conviction is of a domestic violence then you are indeed in a lot of trouble and you need a lot of legal help.

To answer your questions about other countries, I know that Canada's immigration is more strict than the US in terms of any convictions but I do not know anything about UK or Australia.

Last of all, I wish you a lot of luck.

Sincerely,
MGM

My husband is on H1 and I am on H4, cleared I-140 ,In 2004 on 30 May me and my husband(no kids till now) were in the shopping mall, my husband wanted me to come home and he pulled my hand. Some body told the security. We doesn't know about this. They were watching us .Again he pulled my hand. After 5 minutes when we are leaving the store the Security person did not allowed us to go and told that police is coming and we should not leave the store as somebody had complained against my husband.

We were shocked. When the police came they asked me whether my husband is bothering me I denied they asked me checked me they did not nothing with me injuries but they arrested my husband . and charged him with Domestic Violence and Harassment and put him in Jail and took his finger prints. That was Sunday evening I think around between 5.30 To 6.00 PM and next day being a long weekend I went to the court on Tuesday. Nobody asked my husband that if he need an Attorney .We doesn't know that he should not speak without consulting an Attorney . He pleaded guilty He agreed for deferred Judgment and Angry Management Classes. He completed classes and the case is closed and dismissed( stated in the court papers ) But now when got and see the Court papers we were shocked to see that he was convicted for both Domestic Violence and Harassment. We doesn't know anything at that time and immigration consequences.


We have contacted lot of attorneys’ the are telling that the case cannot be reopened to reduce the charges cos the case is dismissed and they are telling me that this may be a deportable issue.


we contacted the court they are telling me to seal my case, so nobody will can access and it will not show in public records ,telling me to file a Petition to the Court to Seal a Criminal Record.




We did not file I-485 in the month for June scaring of deportation.



My questions:

1. If we file I-485 in next issue will I get it or not cos now the case is dismissed 1 year back,what will be the impact.

2. Is there any alternative.

3. Is this a deportable issue.

4. What is the advantage of sealing a criminal record, we know FBI and Immigration will have access to the Finger printing.

5. If we try other countries like UK or Australia what would be the impact.


6. We want to visit my country can we get stamping, can we go to Canada or Mexico for stamping what is the impact.

Please help us we are having sleepless nights.

 

[MGM]

Why did you have to plead guilty? That may have been your biggest mistake. If you just waited for the next court date and the police officer again did not show up, the judge would have dismissed your case. Even on your first appearance your case could have been dismissed if you had denied the charges and had a lawyer representing you and he/she asked for a dismissal. Anyway, carefully check what you pleaded guilty to. If it is for simple battery and not a battery against a spouse or children then may be in your state it is not a domestic violence charge. If that is the case, then you may be fine. But you have to discuss your case with an immigration attorney to be sure of this. Good Luck.
MGM

My older son who as acting crazy was fighting with my younger son. I got angry at him and tried to grab him. tried to run away from me a my nuckle hit him on the nose which was not intentional. He started bleeding and my wife saw the blood and without asking me, she called 911 for paramedics. Police showed up with them and asked my son as to what happened. he told them that I tried to grab him and my hand hit him on the nose. I was arrested. next day in court I pleaded not guilty and was released with no contact with the victim, my younger son and my wife since they all lived in the same house. anyways I stayed with my friend for month and half. in the meantime I went home almost everyday but just didn't spend nights there fearing I might get arrested again if someone saw me. Court date was scheduled after a month and half. before the date, District attorney asked my wife to bring my son for interview 2 days bore the schedules court date. He told him that it was an accident. the day when the hearing was scheduled, I went to court and my wife showed up with my son. Procecutor approched the judge and said that the police officer who responded to the call was and was not able to come to court to testify. Judge decided to give another court day which was 2 months later. I decided to plea guilty so that I can go back to my home. because I was scared I might get caught. I have been on GC for 8 years and did not file for N-400. I am thinking about filing it now but I was told that I might get deported. I was charged with Battery not domestic battery. Can anyone answer if this is a deportable crime? Thanks

 

[pleasehelp08]

Why did you have to plead guilty? That may have been your biggest mistake. If you just waited for the next court date and the police officer again did not show up, the judge would have dismissed your case. Even on your first appearance your case could have been dismissed if you had denied the charges and had a lawyer representing you and he/she asked for a dismissal. Anyway, carefully check what you pleaded guilty to. If it is for simple battery and not a battery against a spouse or children then may be in your state it is not a domestic violence charge. If that is the case, then you may be fine. But you have to discuss your case with an immigration attorney to be sure of this. Good Luck.
MGM

I plead guilty to Battery as charged (not a domestic Battery). My wife was told by the procecutor that he could have charged me with domestic but he didn't because of immigration reasons.

 

[Mydomesticviole]

deferred judgment

As i told my husband was given deferred judgment,last week Judge has issued an Order Withdrawing Guilty Plea and Dismissing the Charge and court is suggesting(not compulsory) me to seal(expunge) my record so nobody will have access but attorney is saying leave it open so we can have access to the whole case,what makes the difference.
i know the FBI and Immigration will know i was arrested with my finger prints.

If i apply I-485 in next issue how it will effect.

 

[pleasehelp08]

I plead guilty to Battery as charged (not a domestic Battery). My wife was told by the procecutor that he could have charged me with domestic but he didn't because of immigration reasons. Anyways is simple Battery CIMT? I was given 6 months jail but did not serve it and 0ne year probation which I completed in December 2007 and I got a letter stating that I have been discharged from the probation. If I file for N400 is it goig to be a problem? Someone told me its not CIMT. please advice

I plead guilty to Battery as charged (not a domestic Battery). My wife was told by the procecutor that he could have charged me with domestic but he didn't because of immigration reasons.

Why did you have to plead guilty? That may have been your biggest mistake. If you just waited for the next court date and the police officer again did not show up, the judge would have dismissed your case. Even on your first appearance your case could have been dismissed if you had denied the charges and had a lawyer representing you and he/she asked for a dismissal. Anyway, carefully check what you pleaded guilty to. If it is for simple battery and not a battery against a spouse or children then may be in your state it is not a domestic violence charge. If that is the case, then you may be fine. But you have to discuss your case with an immigration attorney to be sure of this. Good Luck.
MGM

 

[MGM]

You should be fine. However, do take an immigration attorney with you for the interview. You see the inverviewing officer may think that your charge was domestic violence (although it is not) and may place you in removal proceedings and this is why you need an immigration attorney with you to explain your position. Find a good immigration attroney not the first one or the cheapest one that you can get. Good Luck.
MGM

I plead guilty to Battery as charged (not a domestic Battery). My wife was told by the procecutor that he could have charged me with domestic but he didn't because of immigration reasons. Anyways is simple Battery CIMT? I was given 6 months jail but did not serve it and 0ne year probation which I completed in December 2007 and I got a letter stating that I have been discharged from the probation. If I file for N400 is it goig to be a problem? Someone told me its not CIMT. please advice

 

[MGM]

If the charges were dismissed then there is no issue here. No matter what you were charged with, as long as there is no conviction or guilty plea, it can not be used against you. Since the guilty plea has been ordered withdrawn, you should be fine as far as immigration is concerned. The only thing that I am confused about is the deferred judgement. What does the deferred judgement mean? Good Luck.
MGM

As i told my husband was given deferred judgment,last week Judge has issued an Order Withdrawing Guilty Plea and Dismissing the Charge and court is suggesting(not compulsory) me to seal(expunge) my record so nobody will have access but attorney is saying leave it open so we can have access to the whole case,what makes the difference.
i know the FBI and Immigration will know i was arrested with my finger prints.

If i apply I-485 in next issue how it will effect.

 

[Jackolantern]

If the charges were dismissed then there is no issue here. No matter what you were charged with, as long as there is no conviction or guilty plea, it can not be used against you.

That is not quite true. Immigration is judge and jury and has their own definition of "conviction" ... they read the court documents and police reports and make their own determination of guilt, regardless of what the judge or jury said. Pleading guilty = guilty in the eyes of Immigration, even if the charges were dismissed (however, maybe you're OK if the guilty plea was withdrawn and the court accepted it). Also, anything that had 1 year or more of probation is also likely to be deemed a deportable offense, even if charges were dismissed.

If you are on a visa and are planning to apply for I-485 and have unfortunate mixups like this, you really don't have much choice but to go ahead and apply. If you don't apply, you'll have to leave the US when your visa runs out anyway, so given that what has happened is done, you really don't have much to lose even if Immigration says it is deportable.

However, those who are on green cards do have a choice, as they can keep living in the US without ever applying for citizenship. USCIS does not proactively spend their time trying to find people whose charges were dismissed, so as long as they don't get in trouble with the law again, it is extremely unlikely that USCIS will know anything about their case unless they invite USCIS to dig into their past by applying for citizenship.

 

[askthequestion]

Stright Dismissal

Hi pleasehelp08,

Scared after listening your incident. pretty bad. Hope things are working good for you. Were you arrested in front of your kid?. I hope everything is wondeful to you.



Hi all,


I was arrested too for 'Domenstic Violence' and later Judge after hearing the case from both sides dismissed the case outright without any questions. I didnt plea guilty or accepted any kind deffered program. Its a stright dismissal as one of the neighbours 911'ed when I was arguing with my wife.

I did state and FBI Finger Printing checks. Both returned with 'No Record's found .

So do you see any issues with my I485?.

 

[belacut]

i am so sick of this kind of "only in America" stuff..... Don't mean we can abuse our family and get away with it... but i just can't really get it.

 

[askthequestion]

Hi Belacut,

I didn't quite understand what you are talking about :-(.

Accidents occur at wrong hour wrong place . I feel happy and lucky as long as my family is with me.

 

[belacut]

Hi Belacut,

I didn't quite understand what you are talking about :-(.

Accidents occur at wrong hour wrong place . I feel happy and lucky as long as my family is with me.

Don't you think being Politically Correct in US is way too much...
Well, if I am hitting/snapping my wife in the middle of a shopping mall, I understand that someone should stop me. But what about we just being emotional or yelling each other like the victim in the thread... What is the point to call security? And how come he got charged by domestic violence?

So, I have been living/working in a lot of places in the world. I never though about say Merry Christmas will be offened to someone and we should choose to say Happy Holiday...? But only in US.... got it?

Here comes to the million dollars question, if you hate US so much, why you want to stay in here and keep compliant about it? Why not just go back to your home country and tell everyone we called it a day?

I don't know, looks like I don't have the luxury to just do what I really want.... but if I have enough money or power, US is not in my list of choice that's I am so sure....