Domestic Violence I NEED HELP PLEASE

sadman2011

New Member
Hi, i have been 12 month in usa and i have 2 YEARS GREEN CARD but i have problem that I fought with my wife and she got mad and called police for me and they charged me (mesdameanor domestic battery) and my wife tried to dismiss it but unfortunately it did not happen..anyhow I have some question :

1-Can I renew 10 years Green card ?????
2-Is this problem will affect on my citizenship??????
3-can i hire a lawyer to open the case and try to dismiss it?

Help please
Thank you
 
You have to first determine your DV conviction meet the standard for deportation first.
If Yes, then you are in trouble, if not, you can renew GC and apply for citizenship as long as you are out of teh 5 year statutory period.

According too law below, if DV is deportable, then it does not matter it is misdemeanor or felony because
criteria for deportation does not specify maximimal punishment.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5667.html

(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued fo r the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
 
You need to provide your lawyer with more specific information about the actual state charge of conviction. For instance, in California, it would be CPC 243 (e) (1) [CPC = Cal. Penal Code], which states:

When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
described in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.

Have your lawyer look at what YOUR court records indicate about YOUR actual state statute of conviction, YOUR punishment and YOUR compliance with the terms of YOUR punishment. It is a highly individualized and fact-specific analysis.
 
being charged with a crime is nothing if your case was dismissed and you were not sentenced or placed in any program of punishment.

convictions or fines, supervisions and deferred programs are all serious.
 
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