Domestic Violence

A

Avalon

Registered Users (C)
I am GC holder and have been staying in US for past 8 years. I just returned from a short visit to India. My wife is separated from me and has been living in India for many years. During my recent visit she demanded me to sign on divorce papers with some lump sum money to which I refused. She immediately called police and had me arrested. I was in custody for 2 days. Later I was released on bail but the case is still pending. It was lodged as criminal case of threatening her. I was setup by her and her lawyer. I thought it was a normal meeting but turned out to be a trap. She tricked me into and filed for Woman's Protection under Domestic Violence Act 2005 in India. Under this new act, I am now forced to pay her monthly maintenance.

In addition to have a feeling of being betrayed I feel very bad about the greed from her. Anyways, the question is,

How will this affect in my background check?
Will I be deported from US?
How is it going to affect my Citizenship?
What do I need to do to save me (from my wife)?

I do not have any prior history (even a speeding ticket) in US.

Any help is appreciated.

Thanks.
 
Maybe you should sit down and talk to you wife? Explain her if you were to be deported, she wouldnt be able to see any money from you?
 
Noway....

She wants me to be deported so that I can be back in India. This way, she can cause lot of damage to me. By being here, she is not able to lodge any false complaints or demand divorce. She is asking a lot of money to settle for divorce. All she wants is the money that I earned in US so that she (and so called boyfriend) can enjoy. What a world....
 
Avalon said:
She wants me to be deported so that I can be back in India. This way, she can cause lot of damage to me. By being here, she is not able to lodge any false complaints or demand divorce. She is asking a lot of money to settle for divorce. All she wants is the money that I earned in US so that she (and so called boyfriend) can enjoy. What a world....
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In General, Domestic Violence charge in the US is a CIMT Crime of moral Turpitude and will result in a NTA (Notice to appear) if you were to disclose this information to an immigration officer. You need to make sure that your india arrest does not appear as Domestic violence and make sure your india attorney does everything possible to at least get this charge dismissed. You should aggressively persue false charges againsts your spouse in india and hire good lawyers to get charges againsts you dismissed if really you are not guilty. This is very important to you permanant residency. Please also be aware that in recent times a lot of cases of reverse abuse like yours have occured and if you have a good lawyer you may win.
 
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False Charges

They are false charges. But like TPO here, it is the woman's world in India too. The charges have been filed and the arrest was made. We are doing all that is possible to prove that it is false. But for that I need to go to India in some hearings. Some fight can be done ex parte. I am in a process of doing that.

I did not physically abuse. But yet, the court listened to her as she took oath and made affidavit. It is the woman who gets soft corner.

However, if she sends those papers here, will that be a ground for my deportation? I have not committed crime here. How the papers reported here will be treated here?
 
I personally do not think you would be in trouble as long as you do not have any charges holding you off from getting your citizenship in the US. I do not think they would deport you. It sounds like a joke. In the beginning i thought all that took place in the states.
 
An immigration law passed in 1996 made a person removable for committing a crime such as domestic violence (DV), even WITHOUT a conviction. However, it does not mean the court would remove you when learning you committed the crime. The US court would look at the fact of the crime, including if there is a pattern of the behavior.

Committing DV is very serious under the immigration law and certainly makes the alien inadmissible. Has Avalon entered plead of any kind? Guilty plead just doesn't bode well for his citizenship.

Recommend Avalon find an experienced immigration lawyer who has strong criminal law background to consult from this very beginning. (Such lawyer may not be easy to find, but you have to find one.) Don't take this lightly, even it occurred overseas. The chatting of the board members may not help you materially.
 
However, the Domestic Violence Law in India may not mean verbatim the same law in US. As far as, I am concerned, I did not do any offense. However, just like in TPO (Temperary Proetection Order) in US the man is taken to jail on woman's word, I too was taken and later released. The case is still pending. The allegation made was of threat (verbal) that is hard to prove and I am still fighting as it was not true. The question is, if those papers come to US,

Will that be a sufficient ground for deportation?
Will such papers show up in my Background Check in US?
Will it cause any problem on my way of Citizenship?
 
For a start you are a real sucker to have fallen in to the trap that you did. Travelling to India when your separated and male is more dangerous than walking in to a snake infested cage. That said, I personally don't think this will have any material impact on your citizenship, unless an interpol alert is issued by the Indian cops. You have to make sure that your lawyer is representing you and the court does not get the view that you have abandoned. Try to hire a private detective agency in India and get evidence of your ex in marital relationship with some one else. In a society such as India, any dearment of the court for her will be gone with this. Since you have not been charged in a court of law or convicted there is nothing to affect your case outcome here. Once you get your citizenship make sure you don't visit India unless your case is settled in India. There have been many cases of Indians on this board having got stuck in India. Seeing from your 200 posts on this forum over 5 years, you too would have read these cases.

Good luck, and please report your outcome in this thread for the benefit of others who may meet with a similar situation.
 
Bring a small voice recorder and secretly tape her extortion demands when you meet her again (if such recording is legal in in India). And consider recording phone conversations with her (again, if it is legal to do so either here or in the US).
 
Does Background Check information reveal the marital status of a person?

Hello thanks to everyone who has responsed.

Ok. Indian Government does not have a tie up with US Government for extradition. However, that happens only when there is a crime committed. I have NOT committed crime. I was arrested on charges and the lawyers there are saying that it is easy for a woman to charge a man on DV or Dowry cases. Court knows that they are false but we need to prove them and dismiss. So my case is going on and I do not have to be there to fight. Lawyers can represent me and dismiss. But it takes time.

With the current situation, I am not going to India till the case is resolved. It is very difficult to prove the case of adultry.

My question is, about the arrest record that she has. Can those papers, if sent here can cause me problem? If yes, how would it affect

- Background Check
- Deportation
- Problem in Citizenship

By the way, can someone tell me does Background check information reveal the marital status of a person?

Avalon.
 
Name check by FBI reveals if they have an investigation on you. They would not have an investigation file even for marital issues in the US. The papers can't be just "sent" here, unless there is an extradition. To the best of my knowledge there is no extradition treaty between the US and India and currently what you have is he said she said verbal abuse case. Since you are being represented legally in India, there is no question of you being extradited. So just keep your cool and get on with your life here. Your ex is out to get money from you. You should have filed for divorce here and served papers on her in India rather than keep it hanging.

What stage is your citizenship right now? Please add a signature so people advising you can provide more pertinent advice.

Avalon said:
......
My question is, about the arrest record that she has. Can those papers, if sent here can cause me problem? If yes, how would it affect

- Background Check
- Deportation
- Problem in Citizenship

By the way, can someone tell me does Background check information reveal the marital status of a person?

Avalon.
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brb2 said:
So just keep your cool and get on with your life here.
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I don't think it is so simple, because the arrest has to be disclosed with the naturalization application or interview, and normally they won't grant citizenship until the charges have been dropped or the case has otherwise been completed (i.e. ending in guilty/not guilty).
 
Took Permission...

I have written judgement from the court (In India) in which the court granted me to travel abroad. I am released on a bond. I have to appear before Indian Court (me or my lawyer) whenever the case goes to hearing. Failure to do so, they can issue a warrant.

So far, it is "He said She said case" but not in the eyes of the law. And I need to know the implications in US rather than in India.

In the same judgement, the judge awarded her money (monthly maintenance). Obviously, people here are talking about Divorce Filing in US. At this stage, I need more information and I want to take one thing at a time.

I will be elgible for citizenship in a year. That time I will be disclsoing the fact that 'Yes' I was arrested. I am hopeful that by then I will have the case dissolved. Do you think the filing of divorce here will make my situation any better?

I am thankful to all the people on this board who take their valuable time to answer and do a social cause.

Avalon.
 
Avalon said:
With the current situation, I am not going to India till the case is resolved. It is very difficult to prove the case of adultry.
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Get a private investigator to follow them and take pictures. And maybe you can find several witnesses (of course, they would have to be witnesses that are not on her side) who saw them together.
 
Avalon said:
I will be elgible for citizenship in a year. That time I will be disclsoing the fact that 'Yes' I was arrested. I am hopeful that by then I will have the case dissolved.
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It would be preferable to wait until it is resolved in your favor before applying, unless you are otherwise in a rush to get citizenship.

Do you think the filing of divorce here will make my situation any better?
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Why haven't you already done that years ago?
 
Considering the potential impact, I would recommend the following -
1. Engage (or continue to engage) a kick-ass criminal attorney in INDIA to get the charges of abuse dismissed.
2. Engage a qualified attorney in US, experienced in immigration and criminal (domestic violence) issues. Preferably engage a firm as opposed to an individual attorney practising by himself/herself.
3. Ensure that the two attorneys - in India and US - engage each other.
4. Domestic violence is a serious issue - both in India and US. Remember, you face jail time and penalties in India if the case is decided against you. And, it impacts your US citizenship and permanent residency too (at the time of renewal), and employment prospects (because of the ubiquitous background checks nowadays) .
5. It costs a lot of effort, time and money - but unfortunately, you have to spend it. Otherwise, you are risking too much.
6. At the end of the day however, do not fret too much. What has happened has happened!! What will happen, will happen!! Pray often, and work hard to get these charges dismissed.

Good luck.
 
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No Proof

She does not have a proof. It was her word against mine. So we will fight in court. Even the complaint she lodged was not of physical abuse but a verbal threat. It is difficult to prove verbal threat, but again it was her word against mine.

My lawyers in India say that the court does not have a chance to stand if it goes for hearing. But until it is done and dismissed no one can sure. Unfortunately it will take a long time before it foes for hearing as things are inherently slow there.

I am just afaraid, that what if she sends those papers here? Will the judgement given by another country will be admissible by law here and take actions accordingly?

Avalon.
 
The accusation was false. It was a trap. You are released on bond. You did not commit a crime. You might win a dismissal in the end. Those are all irrelevant.
You were arrested. You are charged with a domestic violence crime. You have to appear in court. Those are relevant.
A conviction or committing a crime is not needed to constitue the ground for removal, and an immigration officer can just use the pattern of your history to decide your fate, which is allowed in the 1996 immigration statue.
This is not the time to worry about the background checks. Even the answers to your three questions are all in your favor, that still doesn’t help you at all, because you have to disclose the arrest and charge at the time of naturalization anyway. This is the time to seek adequate help. Don’t let the opportunity slip by.
 
An year away...

I am a year away to get citizenship. I will disclose at the time of applying. But the thing is I am not worried about Citizenship. That may come. What I am worried about is deportation. Will I be deported?
 
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