I don't think getting a restraining order itself is DV. You just need to take caution not to violate it.
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Domestic Violence related interview experience
- Thread starter dv02
- Start date
I don't think getting a restraining order itself is DV. You just need to take caution not to violate it.
jayjaydlc
The restraining order usually always go along with another charge, in your case it is stalking! Both are DV ones. This is same as No-Contact order which is routinely issued along with DV Assautl 4 charge. Just name is different but the meaning is the same - do not contact the person!
If you r convicted of DV Stalking - you are deportable.
If you break restraining or No-contact order - you will automatically become deportable.
While you charge (stalking ) is not adjudicate you can not travel - you will have a big problems at POE. Restraining order itself is not a problem for travel but the DV stalking charge is. So do not travel.
Once you stalking charge is dismissed then you can go travel. In any other outcome you better stay in US.
The restraining order usually always go along with another charge, in your case it is stalking! Both are DV ones. This is same as No-Contact order which is routinely issued along with DV Assautl 4 charge. Just name is different but the meaning is the same - do not contact the person!
If you r convicted of DV Stalking - you are deportable.
If you break restraining or No-contact order - you will automatically become deportable.
While you charge (stalking ) is not adjudicate you can not travel - you will have a big problems at POE. Restraining order itself is not a problem for travel but the DV stalking charge is. So do not travel.
Once you stalking charge is dismissed then you can go travel. In any other outcome you better stay in US.
I want to know if the restraining order I got is considered a domestic violence (DM) charge? I've been reading here that DM is a ground for deportation.
ganjik,
thanks! it's now clear to me.
i have another question.when i first got charge of the stalking, it was on the supreme court which i believe is on criminal level. after awhile, my lawyer was able to bring it down to municipal court which i believe is a misdemeanor level. i have not been to the first court date.
here are my questions.
how long does it take before this case gets done?
even its a misdemeanor charge, will it still affect my GC if i get convicted?
thanks! it's now clear to me.
i have another question.when i first got charge of the stalking, it was on the supreme court which i believe is on criminal level. after awhile, my lawyer was able to bring it down to municipal court which i believe is a misdemeanor level. i have not been to the first court date.
here are my questions.
how long does it take before this case gets done?
even its a misdemeanor charge, will it still affect my GC if i get convicted?
I am not sure what you are talking about. I think what you are trying to say that your attorney negotated your case to be a misdemeanor rather than felony. This is huge. But is not enough. Since misdemeanor stalking DV offence is deportable if you get convicted.
For the case to be adjudicated it usually takes 4-8 months.
For the case to be adjudicated it usually takes 4-8 months.
ganjik,
thanks! it's now clear to me.
i have another question.when i first got charge of the stalking, it was on the supreme court which i believe is on criminal level. after awhile, my lawyer was able to bring it down to municipal court which i believe is a misdemeanor level. i have not been to the first court date.
here are my questions.
how long does it take before this case gets done?
even its a misdemeanor charge, will it still affect my GC if i get convicted?
Last edited by a moderator:
jayjaydlc,
Misdemeanor domestic violence charge is deportable. Make sure your criminal attorney is well versed with immigration laws, so that the misdemeanor charges can be changed or lowered such that it will/might not affect the immigration now(or in future).
The best way is to get the case dismissed.
Second best way is to reduce the charges to not affect the immigration (hence it's critical to have a criminal and immigration attorney consulted).
Thanks and Good Luck.
Misdemeanor domestic violence charge is deportable. Make sure your criminal attorney is well versed with immigration laws, so that the misdemeanor charges can be changed or lowered such that it will/might not affect the immigration now(or in future).
The best way is to get the case dismissed.
Second best way is to reduce the charges to not affect the immigration (hence it's critical to have a criminal and immigration attorney consulted).
Thanks and Good Luck.
ganjik,
thanks! it's now clear to me.
i have another question.when i first got charge of the stalking, it was on the supreme court which i believe is on criminal level. after awhile, my lawyer was able to bring it down to municipal court which i believe is a misdemeanor level. i have not been to the first court date.
here are my questions.
how long does it take before this case gets done?
even its a misdemeanor charge, will it still affect my GC if i get convicted?
jayjaydlc,
Misdemeanor domestic violence charge is deportable. Make sure your criminal attorney is well versed with immigration laws, so that the misdemeanor charges can be changed or lowered such that it will/might not affect the immigration now(or in future).
The best way is to get the case dismissed.
Second best way is to reduce the charges to not affect the immigration (hence it's critical to have a criminal and immigration attorney consulted).
Thanks and Good Luck.[/QUOT
I have seen different people with Misdemeanor DV case got approved of greencards. It depends on what kind of misdemeanor DV.
Your are right, it is better to get case vacated.
Domestic Violence cases before 1996 were a different beast. But domestic violence cases after 1996 have more stricter and stringent. Hence domestic violence cases/charges after 1996 have to be looked with careful eye of an expert immigration lawyer.
I have seen different people with Misdemeanor DV case got approved of greencards. It depends on what kind of misdemeanor DV.
Your are right, it is better to get case vacated.
have seen different people with Misdemeanor DV case got approved of greencards. It depends on what kind of misdemeanor DV.
.
It is deportable offense but not inadmissible offense. So you still
can get yoru GC approved. But if you commit one after you get GC,
you are deportable
See claases of deportable offense that include DV
http://www.uscis.gov/propub/DocView/slbid/1/2/65?hilite=
See classes of inadmissible offense that do not cointain DV (this assume DV does not involve Moral turputude)
http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=
Last edited by a moderator:
It is deportable offense but not inadmissible offense. So you still
can get yoru GC approved. But if you commit one after you get GC,
you are deportable
See claases of deportable offense that include DV
http://www.uscis.gov/propub/DocView/slbid/1/2/65?hilite=
See classes of inadmissible offense that do not cointain DV (this assume DV does not involve Moral turputude)
http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=
For many of us, the offense happened before getting a GC, you mean the offense may not be deportable if it happened before getting GC? I have seen different people with minor DV problem got their case approved, no issue afterwards. Thank you
Last edited by a moderator:
jayjaydlc,
Misdemeanor domestic violence charge is deportable. Make sure your criminal attorney is well versed with immigration laws, so that the misdemeanor charges can be changed or lowered such that it will/might not affect the immigration now(or in future).
The best way is to get the case dismissed.
Second best way is to reduce the charges to not affect the immigration (hence it's critical to have a criminal and immigration attorney consulted).
Thanks and Good Luck.
Thank you DV02 for your kind reply. I will vacate my case. But I am worried once the case is vacated, the judge has the right to decide if he wants to open the case again. It may open a jar of worms. who knows what judge will decide.
For many of us, the offense happened before getting a GC, you mean the offense may not be deportable if it happened before getting GC? I have seen different people with minor DV problem got their case approved, no issue afterwards. Thank you
Matter of Rainford says one adjusted to PR, prior deportable offense should
not be used to deport the person anyone.
http://www.usdoj.gov/eoir/vll/intdec/vol20/3191.pdf
Matter of Rainford says one adjusted to PR, prior deportable offense should
not be used to deport the person anyone.
http://www.usdoj.gov/eoir/vll/intdec/vol20/3191.pdf
WBH, Thank you for your reply. My Misdemeanor case happened several years before I got my greencard. It sounds like I shouldn't be worried too much about it.
I have DV case, that was my mistake. Actually, I am really a nice husband at home. It just happened under a very special situation .
I have read somewhere vacating a case of the original conviction. Is still considered a conviction.
DV02, so what is your status now. Did you able confirm from immigration that are deportable or will you get a NTA. Or just after 5 years of clean record be able to file naturalization again And will you be able to renew your Green Card after 10 years without problem.
Please let us know your comments
DV02, so what is your status now. Did you able confirm from immigration that are deportable or will you get a NTA. Or just after 5 years of clean record be able to file naturalization again And will you be able to renew your Green Card after 10 years without problem.
Please let us know your comments
JohnnyCash
Volunteer Moderator
Vacating a judgment/conviction means there was NEVER a judgement/conviction. Thus, no NTA or deportation based on any prior judgement/conviction that got vacated later on.
DV02, so what is your status now. Did you able confirm from immigration that are deportable or will you get a NTA. Or just after 5 years of clean record be able to file naturalization again And will you be able to renew your Green Card after 10 years without problem.
Please let us know your comments
TagoKumar,
I haven't called ICE to find out the status of my earlier denial of citizenship and nor do I intend to do. All I know is that if ICE (Immigration and Custom Enforcement) really wanted to come, then they do pretty quick after the denial of N-400. That doesn't mean that ICE can't come now but since my case is vacated and Nolle-Prosse, I'm in a safer position to defend myself. Vacating and Nolle-prosse on my earlier conviction means that I now have a clean record as if no domestic violence conviction had ever happened.
Now, I just have a arrest record and no domestic violence incident. I'm currently trying to get my old case (arrest record) expunged. I will update as there is progress on the expugement of my case.
Thanks.
I haven't called ICE to find out the status of my earlier denial of citizenship and nor do I intend to do. All I know is that if ICE (Immigration and Custom Enforcement) really wanted to come, then they do pretty quick after the denial of N-400. That doesn't mean that ICE can't come now but since my case is vacated and Nolle-Prosse, I'm in a safer position to defend myself. Vacating and Nolle-prosse on my earlier conviction means that I now have a clean record as if no domestic violence conviction had ever happened.
Now, I just have a arrest record and no domestic violence incident. I'm currently trying to get my old case (arrest record) expunged. I will update as there is progress on the expugement of my case.
Thanks.
DV02, so what is your status now. Did you able confirm from immigration that are deportable or will you get a NTA. Or just after 5 years of clean record be able to file naturalization again And will you be able to renew your Green Card after 10 years without problem.
Please let us know your comments
Hi DV02
I just would like to clarify terminology a little bit.
You mean to SEAL the arrest record, right? Since Expungement refers only to conviction cases, where one would expunge his conviction.
Could you tell me what do you do to SEAL it?
Also even if its sealed one would have to disclose it on N400 anyway.
My immigration attorney told me that you should not seal your arrest record since this would raise suspicion in interviewing officer.
I am curious what are the cons and pros of sealing the case? can anyone elaborate on this pls.
I just would like to clarify terminology a little bit.
You mean to SEAL the arrest record, right? Since Expungement refers only to conviction cases, where one would expunge his conviction.
Could you tell me what do you do to SEAL it?
Also even if its sealed one would have to disclose it on N400 anyway.
My immigration attorney told me that you should not seal your arrest record since this would raise suspicion in interviewing officer.
I am curious what are the cons and pros of sealing the case? can anyone elaborate on this pls.
TagoKumar,
I haven't called ICE to find out the status of my earlier denial of citizenship and nor do I intend to do. All I know is that if ICE (Immigration and Custom Enforcement) really wanted to come, then they do pretty quick after the denial of N-400. That doesn't mean that ICE can't come now but since my case is vacated and Nolle-Prosse, I'm in a safer position to defend myself. Vacating and Nolle-prosse on my earlier conviction means that I now have a clean record as if no domestic violence conviction had ever happened.
Now, I just have a arrest record and no domestic violence incident. I'm currently trying to get my old case (arrest record) expunged. I will update as there is progress on the expugement of my case.
Thanks.
What is the difference between Sealing and Expungement of records?
The main difference is public accessibility. Sealing does not require certain agencies to actually “destroy” their records whereas a court order expunging records does. Once sealed, the public will not have access to the person’s criminal record (except for government officials). Both sealing and expunging a record removes the information from public records. Both require that the information be made confidential. Expungment goes one step further and physically destroys the records of arrest. Once expunged, the only way to a person from the public can access an expunged record would be through a court order. Expungement is only available where a charge was dismissed before trial or 10 years after a record has been sealed. A record may be sealed where a person is found not guilty at trial or adjudication was withheld.
Even though the expunged record is destroyed and unavailable to the public (meaning it will not show up on any background checks) the Florida Department of Law Enforcement (FDLE) will reveal that a record has been expunged to the following parties if an individual is applying to them for employment or a professional license:
1. A law enforcement agency
2. The Department of Juvenile Justices
3. A contractor or licensee dealing with children
4. The Department of Education
5. Any public school
6. Any private school
7. The Florida Bar
[Source: http://www.recordgone.com/Florida_expungement_FAQ.htm ]
The main difference is public accessibility. Sealing does not require certain agencies to actually “destroy” their records whereas a court order expunging records does. Once sealed, the public will not have access to the person’s criminal record (except for government officials). Both sealing and expunging a record removes the information from public records. Both require that the information be made confidential. Expungment goes one step further and physically destroys the records of arrest. Once expunged, the only way to a person from the public can access an expunged record would be through a court order. Expungement is only available where a charge was dismissed before trial or 10 years after a record has been sealed. A record may be sealed where a person is found not guilty at trial or adjudication was withheld.
Even though the expunged record is destroyed and unavailable to the public (meaning it will not show up on any background checks) the Florida Department of Law Enforcement (FDLE) will reveal that a record has been expunged to the following parties if an individual is applying to them for employment or a professional license:
1. A law enforcement agency
2. The Department of Juvenile Justices
3. A contractor or licensee dealing with children
4. The Department of Education
5. Any public school
6. Any private school
7. The Florida Bar
[Source: http://www.recordgone.com/Florida_expungement_FAQ.htm ]
State law gives you the right to state to anyone, including prospective employers, that you were NOT convicted of that offense, after a vacate motion has been granted.
Unfortunately. "anyone" Does not apply to USCIS. Even if you get a presidential pardon for yoru conviction from Bush before he left the white house, USCIS still think that is a conviction. (a pardoned crime may not be a bar to citizenship
though but you still have to disclose it and state it as a conviction)
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ganjik
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? They would only know that you have been arrested but not details of the arrest. Sometimes its very crucial not to show the police report since it can contain unfavorable information about the arrest. Just curious if this is true and if this is the same case about the sealing.
Unfortunately. "anyone" Does not apply to USCIS. Even if you get a presidential pardon for yoru conviction from Bush before he left the white house, USCIS still think thyat is a conviction.
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? They would only know that you have been arrested but not details of the arrest. Sometimes its very crucial not to show the police report since it can contain unfavorable information about the arrest. Just curious if this is true and if this is the same case about the sealing.