Domestic Violence related interview experience

ganjik said:
This is right. You have to state that you have been arrested and/or convicted to USCIS.

However, the reason I am trying to figure out the difference between expungement and sealing is the following.

If suppose the expungement really means physically destroying Police Report in Florida, then USCIS will not be able to see it, right?
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What if it already entered FBI database? A state court can not order a
federal agency to destroy physical record.
 
I read somewhere that FBI database contains just boolean information Arrested-NotArrested, it doesnt contain police report (in misdemeanor cases like DV). Thats why USCIS asks You to provide police report.

WBH said:
What if it already entered FBI database? A state court can not order a
federal agency to destroy physical record.
Click to expand...
 
Thank you DV02 again for the information.

I have expunged my DV midemeanor case. but USCIS will be able to access it. I wonder if I still can vacate a case that was exunged. Thank you. I will try to vacate my case if possible.
 
Nicejoe,

Certain agencies (like FBI) will always have information about any criminal activity of an individual. I'm not sure, the extent of detailed information they might have.

But if your DV case is already expunged and that was the only incident you had on your criminal history, you should be fine. But make sure that you do declare the incident on the N-400.

Please make sure that you discuss this case with a good immigration attorney, even though this forum has excellent resources but nobody knows the exacts details of the case, which an immigration attorney will have access too and will also give you legal advice.

Thanks and Good Luck.
 
Once a conviction or arrest goes into the FBI database, sealing or expunging does not remove it. You still have to disclose them (of course, you can also include an explanation saying it's been sealed or expunged, along with the court papers supporting that fact). Many people have made the mistake of not disclosing those incidents, but USCIS finds out about them anyway and they end up in court fighting the denial or deportation.
 
Nicejoe said:
I read the article regarding Matter of Rainford, it emphasizes on someone got deported, then qaulify for adjustment of status again. It didn't say if a case happened before getting a GC, the person should be OK. Thank you.
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The idea applies. It just says a person with deportable but not inadmissible offense can adjust (or re-adjust if the person is already PR) to PR
and once adjusted, he is not deportable anymore for the deportable offense prior to adjustment.

The words are very clear: "If granted adjustment of status to lawful permanent resident, the respondent will no longer be deportable
on this basis of this prior conviction". It clearly means that if a case happened before getting a GC, the person should be OK. as long as
the case is disclosed and taken care of dueing the GC process. Otherwise what is the point of USCIS giving a GC? With th eonly purpose
to deport you?

My bottomline is: if you think you are deportable, then you should settle with eth reality and leave thsi country or just live like a fugitive.
Otheriwse forget about this and go on with your life. It is not good to just worry because it will most likley take a few years off
your remianling life expenectcy.

If you think you are in the gray area, then go ahead and and apply for citizenship and get it overwith. If USCIS grant you citizenship,
then it is over. If they deport you, so be it and also get it over with.
 
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WBH said:
The idea applies. It just says a person with deportable but not inadmissible offense can adjust (or re-adjust if the person is already PR) to PR
and once adjusted, he is not deportable anymore for the deportable offense prior to adjustment.

The words are very clear: "If granted adjustment of status to lawful permanent resident, the respondent will no longer be deportable
on this basis of this prior conviction". It clearly means that if a case happened before getting a GC, the person should be OK. as long as
the case is disclosed and taken care of dueing the GC process. Otherwise what is the point of USCIS giving a GC? With th eonly purpose
to deport you?

My bottomline is: if you think you are deportable, then you should settle with eth reality and leave thsi country or just live like a fugitive.
Otheriwse forget about this and go on with your life. It is not good to just worry because it will most likley take a few years off
your remianling life expenectcy.

If you think you are in the gray area, then go ahead and and apply for citizenship and get it overwith. If USCIS grant you citizenship,
then it is over. If they deport you, so be it and also get it over with.
Click to expand...

Good reply, WBH. . Sounds like I am OK because the misdemeanor happened before GC approval. I read it somewhere before. I sound like worryworm. but it is a critically issue for me as my family and job are here.
 
Hi Gurus,

In the year 2000 (8 years back) I was arrested on spousal battery charge which was dismissed later and was brought down to an "infraction" (section 415). I wasn't sentenced and was never put on probation etc. I was asked to take an anger management course and submit the certificate, that's about it. Will it have any impact on my N-400 application which I am planning to apply next month (5 years employment based). I had to appear for an interview for my GC, but never had any issue excepting a simple qs by the IO to check why it happened.

Will appreciate your comments and suggestions. Thanks
 
mails4nr,

Since your earlier DV case was dismissed, you shouldn't have any issue with the US citizenship. Secondly, you got your green card after the DV issue and it's past the 5 year statutory period, I think you will get the US citizenship without any issue.

Thanks and Good Luck.

mails4nr said:
Hi Gurus,

In the year 2000 (8 years back) I was arrested on spousal battery charge which was dismissed later and was brought down to an "infraction" (section 415). I wasn't sentenced and was never put on probation etc. I was asked to take an anger management course and submit the certificate, that's about it. Will it have any impact on my N-400 application which I am planning to apply next month (5 years employment based). I had to appear for an interview for my GC, but never had any issue excepting a simple qs by the IO to check why it happened.

Will appreciate your comments and suggestions. Thanks
Click to expand...
 
My attorney has sent me the paperwork. He is planning to file the N-400 by this month end. I will let the forum know once he reviews my file. I am using a very senior attorney who represented my greeen card as well.

Thanks
 
mails4nr,

I think you are in very favorable situation and you should get the US citizenship without any issue. Anyway keep us informed.

Good Luck.
 
I have read every sight possible....I hope someone can help me on this. I am married to a legal resident, have been for 12 years and 9 months. He is a Mexican immigrant who has been arrested for domestic violence against me after my 9 yr old son called 911 when his father tried to break down the door and pulled my to the ground by my hair. I forgave him at a later date and we hired an attorney to get the charges dropped because the D.A. felt the charges were big enough to persue. The attorney won the case and the charges were dropped. Currently me and my husband are seperated and in a HUGE divorce and custody battle. He had a report made by CPS against him from my sons school after they were told by my son that he backhanded him across the face. My husband has the "nice guy" appearance....His green card is expiring in May and he has an appointment for the all so famous interview when you have an offense on you record. I really cannot stand the thought of this man getting away with all that he has and still is doing to me and my children. Is there any way to write a letter or be present at his interview? Is there any way to show Immigration what kind of person he is? He has hired an immigration attorney to help him from not getting deported, does anyone know what the probability is of him getting his renewal approved without any problem?
I AM SO DISTRESSED!!!
 
First, the good news, that I have been successful in my second attempt to get the US citizenship.

I had first applied for US citizenship in Feb 2008, which was denied in Nov 2008 because I had a domestic violence incident which was with in the 5 year statutory period. I had "with-held adjudication" to a domestic violence incident in Sep 2003.

I had re-applied in Feb 2009 for US citizenship for the following reasons.
1. My earlier DV incident was out of the statutory period.
2. I was able to get the earlier judgment vacated.
3. The state filed "Nolle Prosse" after the earlier court judgment was vacated.

Thanks to all the moderators and other individuals who helped me during this turbulent journey to US Citizenship.
 
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Hi,,same scenario happened to me when i was on my adjustment of status period just 5 days before FP,got arrested of DV was held for 24 hrs and didnt even see the court and was release and case was dropped..got the green card after a few months.were not able to disclose the arrest because application was already filed..i do have an attorney at the time of this adjustment stages..

now,after citizenship interview,was so dumb and stupid not to disclose it on application because of my mother advice saying i dont have any records..so we checked NO..after the interview IO gave me n42 form saying missing evidences from my arrest ..went to court records and police records but couldnt provide me a records for both and instead gave me a certified documents saying NO records found..submitted it after 2 days from interview and still waiting for the reply from USCIS..im so worried that my application will be denied and maybe i might hire an attorney once again later on..like worryworm..same feelin im experiencing right now..every hr. every day especially when im browsing around here in the forum..

what do you guys think of my case?happened aug 2003 which is out of statutory period..now i was leaning over or thinking about making a pleading letter regarding about not disclosing it..IO was so kind and nice and only asked me what really happened,told him i was the one who called 911 and was the victim but still police took me instead of my girlfriend..

its been 2 weeks now and so worried what's goin to happen with my application..should i hire back my attorney as early as possible or wait first for their decision? guys pls help me here:confused:
 
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dell27,

I don't think DV incident would be an issue because the case was dropped and secondly, the it's now out of the statutory period. But not disclosing the incident on the N-400 can be reason of falsifying which could result in your application getting denied. I would consult a good immigration attorney at the earliest possible and find out avenues to fix this issue before the IO makes the decision.

Good Luck to you.
 
I'm out of my depth here...

So I read all of the posts here, and while there's a WEALTH of information here - I think I'm going to find an immigration lawyer with experience in criminical law.

I tried Rajiv K and Sheela M - they are both in the VA area, and the fees are very high for in person representation.

How does one go about finding a good lawyer in the NJ area for this?
 
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