Domestic violence and AOS

H

hardlife1

Registered Users (C)
Hi,

Please help me on this one...

I have been charged with 2 counts of Class B misdemeanor in the state of Oregon for Domestic Violence. I was arrested by the cops and taken to jail where I was photographed and finger-printed.

Class B misdemeanor is a maximum of 6 months of jail sentence in Oregon.

I have applied for my I-485 and awaiting AOS approval. PD: Sep 2004 and AOS receipt date: Aug 2007.

What are the implications on my green card approval?

Please please please, help me on this one...
 
hardlife1 said:
Hi,

Please help me on this one...

I have been charged with 2 counts of Class B misdemeanor in the state of Oregon for Domestic Violence. I was arrested by the cops and taken to jail where I was photographed and finger-printed.

Class B misdemeanor is a maximum of 6 months of jail sentence in Oregon.

I have applied for my I-485 and awaiting AOS approval. PD: Sep 2004 and AOS receipt date: Aug 2007.

What are the implications on my green card approval?

Please please please, help me on this one...
Click to expand...

Please without delay get a good criminal attorney (preferably one who is knowlegeable enough to figure out the immigration consequences of a criminal conviction) to represent you. Do not get the first attorney that you can find. Interview a few of them and go with the one who actually practices at the court that has jurisdiction in your case. Preferabley go with a larger firm. Then also consult an immigration attorney and if necessary get the immigration and criminal attorney together to plan a strategy. Your criminal attorney then will have to talk to the DAs office and try to negotiate or plea to a lower charge like disturbing the peace or simple battery, or something which does not have anything to do with domestic violence. If you have a good criminal defence attorney then he/she will be able to convince the DAs office about the immigration consequences of your case and usually they will agree to allow you to plead to a different charge. Just remember, Domestic Violence is a deportable offence. Unlike some other people believe on this forum, crimes involving domestic violence does not fall under petty offence exceptions. So your attorneys basic responsibility will be to get the charges changed from Domestic violence to something else. Otherwise, your application for adjustment of status will be denied and you will be placed under removal proceedings. You may even be taken under custody while the case will be pending in immigration court. Please do not plead guilty to any charges without talking to the attornies and do an Internet search to find more about immigration consequences of crimes involving domestic violence. Your best defence will be to make yourself knowledgeable in the subject matter as much as you can. Good Luck.
MGM
 
Thanks MGM for your reply.

During my first court appearance the DA told me that I am DVDS eligible (Domestic Violence Deferred Sentence) - basically deferred adjudication wherein I have to participate in a 18 month probation diversion program and then my conviction is dropped.
The catch is I need to plead guilty as a requirement to enter into the program.

From internet research, I found out that deferred adjudication with guilty plea will essentially be seen by immigration as a conviction and subject to deportation. So it is almost sure that I will not accept to the diversion program and I will contest the charges.

My criminal defense attorney says that with cooperation from my wife, I can maybe get the case dismissed. Either my wife does not show up for the case trial, in which case, the case is dismissed,,,or she can appear in the court and testify favorably. Either case is to have the case dismissed.

QUESTION 1: My question is will all this help? That is, having the case dismissed, does it mean I will not receive any sentencing and can I have the finger printing and all records expunged?....and no problems with AOS?

My immigration attorney (through my employer) is very slow is reacting to the case, so I'm probably thinking of employing another one. But so far I'm primarily trying to get enough information to understand the consequences.

Really thanking you all for the replies and assistance.
 
hardlife1 said:
Thanks MGM for your reply.

During my first court appearance the DA told me that I am DVDS eligible (Domestic Violence Deferred Sentence) - basically deferred adjudication wherein I have to participate in a 18 month probation diversion program and then my conviction is dropped.
The catch is I need to plead guilty as a requirement to enter into the program.

From internet research, I found out that deferred adjudication with guilty plea will essentially be seen by immigration as a conviction and subject to deportation. So it is almost sure that I will not accept to the diversion program and I will contest the charges.

My criminal defense attorney says that with cooperation from my wife, I can maybe get the case dismissed. Either my wife does not show up for the case trial, in which case, the case is dismissed,,,or she can appear in the court and testify favorably. Either case is to have the case dismissed.

QUESTION 1: My question is will all this help? That is, having the case dismissed, does it mean I will not receive any sentencing and can I have the finger printing and all records expunged?....and no problems with AOS?

My immigration attorney (through my employer) is very slow is reacting to the case, so I'm probably thinking of employing another one. But so far I'm primarily trying to get enough information to understand the consequences.

Really thanking you all for the replies and assistance.
Click to expand...


If your wife is subphoenaed, she will have to appear. Otherwise, the DA may go after her and she will be convicted of violating a court order. I think that the charges against you are filed by the state and not by your wife. So even if your wife do not want to pursue the case, she will have to appear as a state witness (please check these with your criminal attorney). If your wife made a statement at the time of your arrest, then the state will use that as evidence as well.

You did the right thing by not accepting the deal that the DAs office presented you. If you can fight the charges in court and the case is dismissed then that will have no adverse effect on your immigration case. Of course you can not and should not hide the fact that you had been arrested and charged. So in case, the case is dismissed, you state everything truthfully to the IO during the interview (and you definitely will have an interview at the very least).

Now, when you try to fight the charges, you definitely have a chance, albeit small, that the court decision will go against you and you will be convicted. If that is the case then you will be in deep trouble. This is the reason, I suggested that you also explore the possibilities of pleading guilty to a lesser charge with no immigration consequences. You and your attorney will be able to discuss these and come to the right decision.

If your immigration attorney is not responsive then you have to shop for a new one. With your situation, I would suggest that you find out an immigration attorney who practices in the immigration court that would be local to you and will have jurisdiction over your case (definitely not an out of state attorney). The reason for this is that even if everything goes according to plan, you still may want to have an attorney who will be able to accompany you to the interview or represent you at the immigration court if the need for such arises in the future. Make sure that the attorney who you choose has experience in dealing with clients with minor criminal convictions. I know it sounds bad, but this way you will cover all the bases. Once again, good Luck.
MGM
 
Thanks MGM for staying with me. It is such a relief in these testing times.

Tomorrow is my 2nd court appearance - basically to decide on the DA's offer of deferred sentence program. Apart from not accepting it, my attorney hopes to review the police reports - yeah my wife did pour out to the cops :(. I'm so nervous.

I will update and post on the developments. Really appreciate your replies.
 
hardlife1 said:
Thanks MGM for staying with me. It is such a relief in these testing times.

Tomorrow is my 2nd court appearance - basically to decide on the DA's offer of deferred sentence program. Apart from not accepting it, my attorney hopes to review the police reports - yeah my wife did pour out to the cops :(. I'm so nervous.

I will update and post on the developments. Really appreciate your replies.
Click to expand...

Do you have any updates on you case?
 
Well said MGM.

In general, the immigration consequence for any criminal arrests/conviction are largely depended on out come of court disposition of the case. Always consult with an experienced criminal attoney WITH the knowledge in immigration laws and have the resources either within the firm or working with other immigration attoney in the past.

Good luck!
 
Hmm...3 months of harrowing experience. I wish I can write the long story on how it went etc, but result was that I was convicted in court for 1 count of Class B misdemeanor. I was sentenced to a 2 year formal probation with requirements to complete DV treatement program.
I consulted with an immigration attorney who concluded that my conviction will not affect AOS or other immigration issues - primarily because it is not a crime involving moral terpitude. Though I confirmed about lot of things, I'm always afraid that something might be missing...
Any experience about similar cases and thoughts on what might go wrong?

MGM thanks for your advice
 
Try this.... Keep your hands to yourself! I feel zero pity for you.

hardlife1 said:
Hi,

Please help me on this one...

I have been charged with 2 counts of Class B misdemeanor in the state of Oregon for Domestic Violence. I was arrested by the cops and taken to jail where I was photographed and finger-printed.

Class B misdemeanor is a maximum of 6 months of jail sentence in Oregon.

I have applied for my I-485 and awaiting AOS approval. PD: Sep 2004 and AOS receipt date: Aug 2007.

What are the implications on my green card approval?

Please please please, help me on this one...
Click to expand...
 
Last edited by a moderator:
You might want to inform your attorney about 237(a)(2)(E)(i) in case you decide to lay your hands on someone again. By the way, the only thing needed to turn a DV conviction into a CIMT is a detailed police report containing the right wording or pictures, and conviction documents.


hardlife1 said:
Hmm...3 months of harrowing experience. I wish I can write the long story on how it went etc, but result was that I was convicted in court for 1 count of Class B misdemeanor. I was sentenced to a 2 year formal probation with requirements to complete DV treatement program.
I consulted with an immigration attorney who concluded that my conviction will not affect AOS or other immigration issues - primarily because it is not a crime involving moral terpitude. Though I confirmed about lot of things, I'm always afraid that something might be missing...
Any experience about similar cases and thoughts on what might go wrong?

MGM thanks for your advice
Click to expand...
 
Hey, don't you think it is not very wise to make judgment calls in this
situation. You don't know all the details and surely don't know how the
whole 'domestic violence industry' operates in the US. This is the freaking
ultra liberal setup against all males. Actual guilt or innocence doesn't matter
when someone is charged with DV. The industry needs bodies to prey upon,
so one needs to think twice when vote for liberals, like Lautenberg.
 
Hi everyone,
This immigration stuff is torture!! Isn't it?
I have been on an F1 student visa for the last 8 years. In may of 08' I got married to a USC and need to start filing my papers. I have had some arrests and tickets within the last 4 years that are listed below.

1) Minor in possession of beer...... NOLLE PROSSED.

2) Battery of a law enforcement officer.......... CHARGES FILED/ LAWYER "STOOD MUTE/ REFFERED INTO A PROGRAM WHERE I DID 25 HOURS COMMUNITY SERVICE, ANGER MANAGMENT TREATMENT, DONATED TO A CHARITY/ CASE WAS NOLLE PROSSED.

3)Drunk Driving in Scotland (Birth place)........... PAID A 300 POUND FINE AND DRIVERS LICENSE WAS REVOKED FOR A YEAR.

4)Assault and battery high and aggravated in nature.............. NOLLE PROSSED IN PRELIMINARY HEARING.


What are my chances of a successful green card application?..... meaning, do you think I will end up in immigration court? Is it worth getting an immigration attorney just to file the papers and do the interview or should i just save my money and hire a good attorney to represent me in court. I have spoken to a lawyer and he does not think that these charges should be a problem as I was never convicted of anything, I never plead guilty. Just trying to confirm that this is true. PLEASE HELP ME!!!!! ANY ADVICE WOULD BE GREATLY APPRECIATED!
 
jimbling said:
What are my chances of a successful green card application?..... meaning, do you think I will end up in immigration court? Is it worth getting an immigration attorney just to file the papers and do the interview or should i just save my money and hire a good attorney to represent me in court. I have spoken to a lawyer and he does not think that these charges should be a problem as I was never convicted of anything, I never plead guilty. Just trying to confirm that this is true. PLEASE HELP ME!!!!! ANY ADVICE WOULD BE GREATLY APPRECIATED!
Click to expand...

I essentially agree with the lawyer you consulted with. USCIS is not really supposed to hold against you criminal charges which were either dismissed or dropped (we don't normally use the term "nolle prossed" in the U.S.). However, be very sure to disclose all the arrests and provide dispositions of arrest for those cases.

The DUI in Scotland is considered a conviction under U.S. immigration law. However, I don't think this itself will be a valid basis for a denial of your greencard.

I'm not going to say that getting a greencard is going to be a breeze, because it won't. USCIS is going to see all those arrests and be on the lookout for any reason to deny. You will need to have plenty of evidence that your marriage is bona fide and be sure to be very honest about having been arrested. CAVEAT: If you admit to the immigration officer that you committed any of the crimes that were dismissed or dropped that is equivalent to having been convicted of the crimes under U.S. immigration law. Ultimately, if you do everything right I think you will get your greencard without having to go to immigration court.

Be careful about hiring an immigration attorney. There are many bad ones out there who may screw your case up. If you can understand the instructions to all the forms you are supposed to file you can do it yourself. Check out evidence lists for I-130/I-485 on this and other sites for help figuring out what kind of documents to submit.
 
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