Domestic Violence conviction and Divorce. Can I still remove my Green Card conditions?

Mitzey

New Member
#1
Hi. So long story short. I moved to California from the UK, after my ex-wife had told me she was pregnant from my previous visit. We had been seeing each other long distance over the years. So I adjusted status through marriage to her (US Citizen). I have my conditional permanent residency green card. It expires in DEC 2018.



My wife and I ran into problems with our marriage after the first year. She drank a lot, and threw her phone at me and punched me in the face when I was holding our 1 year old daughter. So I called the police. As the police were arriving, my wife hit herself in the face as she didn't want to be arrested and taken away from our daughter, as she had already been arrested for domestic violence and cruelty to a child in the past. Bare in mind, I'd never been arrested for anything before. The police only took her side and arrested me. I spent 3 days in LA Jail, the public defender managed to bring the charge down from spousal abuse(felony) to domestic violence(misdemeanor). I couldn't afford an attorney at the time. I was basically advised to take the plea deal of no contest because if I had pled not guilty and was found guilty, my public defender said I could of been placed into removal proceedings there and then.



Now skip forward a couple of months, my wife and I were back together, trying to work things out. I have multiple screenshots of texts from her apologising for hitting me, and hitting herself and acknowledging that I'd never physically abused her. Things didn't work out and she ended up filing for divorce and a restraining order. The divorce hearing is tomorrow. I didn't contest it. I just want visitation of my daughter and that's it. My ex wife caused me nothing but hurt and misery, to the point I even stayed in a Domestic Violence shelter for months because of her abuse.



I'm just looking for any advice, or anyone to share their success stories(if any), where people have gotten divorced while they're still on their conditional green card, have a DV conviction, and have still managed to have the conditions removed and been granted a 10 year green card. I'm trying to save up money right now for an immigration attorney for when the 90 day expiry period comes up to renew. But is it even worth paying out all the money for an attorney and the fees, if it's just going to be a firm NO from USCIS. Is there literally any hope? My biggest fear is having to go back to the UK and not be able to see my daughter grow up, and her not to have her father in her life. Also once you file to have the conditions of your green card removed, how long does it take for them to approve or deny? And do you get some kind of extension on your green card while it's been reviewed? Thank you
 
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