Domestic Violence

Avalon said:
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.
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I would go with ravi suggestions to hire a kickass attorney, except only in India not here. Do not do anything here. Keep it an Indian affair.
You will win in court in India if you mount an aggressive defence and be able to show proof of spouse extra-maritial affair/boyfriend. You should do this quick and also file a defamation suit againts your spouse. Just make sure that before you apply for N400, the domestic violence charge is dismissed. USCIS can find about this only because you will mention it in your N400 under have you been arrested ? Otherwise unless the indian court convicts you and awards jail time its not official in any records to be found for N400 background checks.
 
Verdict

Again, let us not worry about Citizenship or background check. DV case is in India and needs to be dissolved in India. Nothing can be done here in US.

I am worried only about immediate deportation from US. Please help....
 
Jackolantern said:
Unless convicted.
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For DV, conviction is not necessary. Admitting guilt may be sufficient for removal. This is why I memtioned earlier it is critical to find an experienced immigration attorney (in US and one in India as well) with criminal law background from the very beginning. I don't know the Indian law, but the immigration office here will look at the very details of the police report and what Avalon has said in court.
 
Avalon said:
Again, let us not worry about Citizenship or background check. DV case is in India and needs to be dissolved in India. Nothing can be done here in US.

I am worried only about immediate deportation from US. Please help....
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As long as you dont mention this to USCIS (via a form, eg N400) they do not know about this. Even if in the rare event this becomes known (I cannot imagine how) they may only contact you to get full court disposition on the case before doing anything. Only if the full disposition of the indian court convicts you of arravated Domestic violence and this decision is somehow communicated to USCIS, they may act. You are talking .01% chance of all this happening on its own, much like a rock falling on your head from outer space. Even in that worst case scenario, if in the rare event of a deporation order, you can approach Federal Court and very likely win given that the case is not crystal clear. So as you can see, there is no problem per se, but even if there is if you can get the domestic violence charge removed there is no case againsts you for deporation at all.
 
lotechguy said:
As long as you dont mention this to USCIS (via a form, eg N400) they do not know about this. Even if in the rare event this becomes known (I cannot imagine how) they may only contact you to get full court disposition on the case before doing anything. Only if the full disposition of the indian court convicts you of arravated Domestic violence and this decision is somehow communicated to USCIS, they may act. You are talking .01% chance of all this happening on its own, much like a rock falling on your head from outer space. Even in that worst case scenario, if in the rare event of a deporation order, you can approach Federal Court and very likely win given that the case is not crystal clear. So as you can see, there is no problem per se, but even if there is if you can get the domestic violence charge removed there is no case againsts you for deporation at all.
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Even if found guilty only of making a threat, that would not necessarily rise to the level of a deportable offense (but I'm not saying for sure that it isn't).

However, even if it is not deportable per se, if the arrest (and conviction, if that happens) are not disclosed on the citizenship application or at least at the interview, and USCIS finds out about it, they can deport you for lying on the application.
 
Go to Trial and get Dismissed.

I dont think immigration officer will have see the court transcript of what a defendant has said in the court. He will only consider of what the defendant is convicted. Try to reduce or Amend the charge to disturbance of peace(or any Similar Municipal Ordinance) with the prosecuter. Immigration officer will see even if that constitues CIMT, you need to explain its not. Innocent people get arrested, each criminal case is different. If you have patiance and can go to India and if you have self belief that you have not commited anything that was said in the Police report, Trial is the only way out to dismiss the case without Plea bargain.
Any Domestic Violence Conviction will haunt for Life.

These kind of money extortions have become common in India, from hardworking individuals in US, and has to be beaten in all forms.


Unknown111 said:
For DV, conviction is not necessary. Admitting guilt may be sufficient for removal. This is why I memtioned earlier it is critical to find an experienced immigration attorney (in US and one in India as well) with criminal law background from the very beginning. I don't know the Indian law, but the immigration office here will look at the very details of the police report and what Avalon has said in court.
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Jackolantern said:
Even if found guilty only of making a threat, that would not necessarily rise to the level of a deportable offense (but I'm not saying for sure that it isn't).

However, even if it is not deportable per se, if the arrest (and conviction, if that happens) are not disclosed on the citizenship application or at least at the interview, and USCIS finds out about it, they can deport you for lying on the application.
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Jackolantern, you are correct. If avalon applies for N400 then he/she will have to mention this offense or risk being rejected for misrepresentation for purposes of obtaining immigration benefit. Though the 'misrepresentation' in itself may not constitute deportable offense, the underlaying offense usually qualifies.
 
Please help , gc holder being charged in

Hi guys,
I'm a green card holder being charged with criminal tresspass in the first degree and criminal mischief in the second degree.
I went to my girlfriends apt and found another man, I over-reacted and forced my way into the apt. and someone called the cops.
I have already denied the DSP programme and will be going back to court on the 6th of Feb.
What am I to expect and what can I do to avoid deportation or any serious immigration consequences.
Please,any kind of info will be highly appreciated.
 
Criminal trespass 1st degee is a CIMT. Consult an immigration lawyer specialized in criminal law before going to court.
 
Please Help TRO Dismissed.

hi all

I was married last year..my wife came on a company L1 visa to this country..
she lost the job on Dec 31 2008..and on dec 27 we had a argument ( she forced me move with her to india)..she got so angry she hit me with the laptop and i pushed her before she could hit again..she fell of the bed. she ran outside the house called 911..cops came and found that she hit me ...and asked her to leave the house ..since she dint have any one i called my friend and left the house voluntarily....and i stayed with him for next 3 days..she went and filed for TRO and ran a way to india...The case was dismissed in 2 weeks.

Just want to know if this will affect my citizenship..what do i have to mention in my application

1)Have u commited a crime for which u have not been arrested
2) have u ever been charged with commiting any crime or offence?
 
Jack76,

You don't have a case adjudicated against you so you will be fine with the N-400 application process and you should get the US citizenship with no issues (hoping that you don't have any other issues).

I don't think you were arrested or charged or cited by the police. So your answer should be 'NO' to the first and second question.

Thanks and Good Luck.
 
NEED ADVICE -
My husbands charges - second degree assault (DV case, wife involved, due to a slap on my face)
Court Judgement on trial day - ACQUITTED/NOT GUILTY
Case EXPUNGED

In the Naturalization interview, my husband provided the case disposition and the document from the police stating "no arrest records available on this person"

Questions from the IO during the interview were-
1. were you arrested?
A: YES

2. When and where
A: date and location

3. What happened?
A: I got into an argument with a person and it led to me swinging my arm that unfortunately hit that person

4. Who was the person?
A: I feel comfortable discussing the incident further in the presence of my immigration lawyer at a later date if need be

5. Was the person a man or a woman?
A: Woman

The IO saw the disposition and moved on with the app but in the end said that they need to review the application further

We recieved a letter stating they we MUST provide the arrest report, cert copy of arrest record. But since our case is expunged, none of these documents are available.

The USCIS letter does state that if the a record is not available you must obtain documentation stating so.

We have a document from the police stating no arrest record for this person (which my husband showed inthe interview) and we recently recieved a letter of confirmation for the expungement process from the court. We cannot get any other info from the authorities. nothing is available
QUESTION:
Do we need to withdraw the expungement to get arrest record?
Would the current documents we have be enough?
is there any danger of denial of my case?

thanks for reading and responding.
 
It looks that you may need a lawyer to write an explanation to it if,it was dismised ,,if it was dismised there were no need for expungment.. So that is were i get confused.
 
.. Sorry I have put in a lot of editorial comments and going beyond answering the questions asked.

Court Judgement on trial day - ACQUITTED/NOT GUILTY
Case EXPUNGED

... Expunged case only removes it from the system only so much ... CIS still has a right to know details for such cases.

... Not guilty judgement is a better defense as a court has found the person is not at fault, and hence should not be considered as a negative.

In the Naturalization interview, my husband provided the case disposition and the document from the police stating "no arrest records available on this person"

... this will not help. If you report an arrest (even if you were framed), you need to provide documentation to support the claim that the case is either closed, or was not legit to begin with.

3. What happened?
A: I got into an argument with a person and it led to me swinging my arm that unfortunately hit that person

... sometimes it pays to be straight. "Argument led to swinging an arm" ... if that's how he described it, and if I was the IO, I would want to know more about it.

4. Who was the person?
A: I feel comfortable discussing the incident further in the presence of my immigration lawyer at a later date if need be

... once the lawyer has been brought into the discussion, you are basically refusing to answer the question. CIS needs to do its job too. Maybe husband should have had the lawyer in the room to begin with.

We recieved a letter stating they we MUST provide the arrest report, cert copy of arrest record. But since our case is expunged, none of these documents are available.

... It has to be there ... it may not be available to most people since expunged, but the husband has to be able to claim this record.

Would the current documents we have be enough?

... try and get the actual documents.

is there any danger of denial of my case?

... YES. While it is subjective, reporting an arrest but not able to provide documentation, and the answers given do not bode well. Still does not mean that it will be a denial - put in effort to get the documents, and write a good explanation letter with your documents if you can not.
 
We have a document from the police stating no arrest record for this person

THERE IS AN ARREST! ,, IT MAY BE CONFUSED WITH ARREST REPORT?
USSUALLY THAT IT IS NOT GIVEN BECAUSE IT CONTAINS INFORMATION OF THE VICTIM.
 
toneto said:
We have a document from the police stating no arrest record for this person

THERE IS AN ARREST! ,, IT MAY BE CONFUSED WITH ARREST REPORT?
USSUALLY THAT IT IS NOT GIVEN BECAUSE IT CONTAINS INFORMATION OF THE VICTIM.
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Usually not given ... I am sorry I do not know the specific law which forbids it. However, I can understand if SanJoseAug20 wants it and is not allowed to see it. I can understand if Bob Smyth wants to see it and is not allowed to see it. However, I presume both the victim and the accused should be allowed to see it. How can the accused be expected to defend without a copy of such a report.

In this case, the wife (OP) should also be able to get this.

Again, there might be laws which may not allow this, but does not sound principle.
 
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