Domestic Violence & Pending i 751 application

bengals

Registered Users (C)
Domestic Violence Conviction & Pending i 751 application

Hi All,
I mailed my i751 on Sept 18, but i am very skeptical about this one, as my wife and I had a domestic dispute on April 17, 2009, it resulted to me getting arrested for DV. At the time, we were going to through hard time and i was talking to a lawyer to get a divorce. She didn't like that and falsely accusing of punching her, in court I told the judge that she lied about the whole thing and that i couldn't prove something that didn't happen. My wife tried to take the charges back but the State picked it up at the time and forced her on the stand. Long story short, i was convicted of domestic violence and was put on probation for 8 months. I blaim myself for that because i was offered a deal of disorderly conduct which i REFUSED. I told the prosecutor that i was innocent. I really thought that innocent people don't get convicted. WRONG. Anyway, i appealed the case and hired a lawyer to fight it, the appeal is pending. We have worked things out since and she felt guilty and very remorseful about the situation, i have forgiven her and we have moved on. Now we have submitted the i751 together with all that was required, including the copy of the birth certificates of our 2 children, one of whom was born on March 2009. Also, I have included an explanation letter of my side of the story (which is the god absolute truth), a doctor diagnosting my wife with Postpartum depression (condition very common to new moms), and a documentation about how Postp depress affects women. I didn't hire a lawyer for this although i did have an attorney review my case and said that i had 50/50 chance to get approved or deported and that he would consider coming with us if we are called for an interview.
I still blaim myself for refusing the deal offered but at the time, i didn't even think about any immigration ramifications. I was so stressed and pissed off that she actually could lie and put me in jail for the first time and that easily (this says a lot about the justice system too).
Anyway, if anybody have similar experience or have had i751 apporved with a conviction i'd be more than happy to hear your story. It won't be the end of the world if they dont approved it, i'd move back to my own country and i 'd move on from it. I'd however, fight in any way to stay with my children. Pray for me........

9/18: i751 sent
9/21: RD
9/26: NOA1 with receipt number (not viewable online yet)
 
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I really thought that innocent people don't get convicted. WRONG.

Unfortunately and sadly you thought wrong that inncocent people don't get convicted. As a matter of fact, innocent people get convicted and serve time in prison all the time, whether in the US or any other country. However, when it comes to domestic violence complaint/restraining order then US laws are discriminatory and prejudicial becuase across the country (in any state in the US) courts always give/grant a restraining/protective order to females once females file a complaint of domestic violence regardless of their allegations are proven or not. Strange and sad part is- domestic laws do say about finding of domestic violence and proving of allegations but all these are only for keeping in the book but not in reality when it come to females having making a complaint of domestic violence. Domestic violence laws don't give much credience to males.

That being said, if a female, whether legal or ilegal, files a domestic violence complaint then courts always believe her except in very rare .00001 percent of the cases. Filing appeal won't do much either unless one hires a big corporate law firm. You should immediately hire an immigration attorney who is epxert in criminal laws in your state because conviction on a domestic violence charge is a deportable crime but waiver is availble if victim was not injured. But it's better to deal with situation as soon as possible with a very good and experienced immigration attorney. You may find many of my postings on this matter along with some members who were in this situation at one point by searching on this site. Most of them are on citizenship forum. This will help you to know how to proceed in this situaiton and what to do.

Good luck...
 
Domestic Violence & Pending i 751 application (Update)

My i751 is finally approved despite the DV conviction. I am very thankful for it. Thanks to all with you answers and advices.
 
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