DV plea deal and travel

PDFW

New Member
#1
Back in 2011 my ex and I got in to an argument during which he threatened to ram my garage with his car. I told him I was calling 911 and getting my shotgun, and that's exactly what I did. However when the police arrived he lied to them and said I'd aimed my gun at him. Off I went to jail and they charged me with aggravated assault with deadly weapon, FV (felony). The DA changed the charge to deadly conduct, FV (class A misdemeanor). My lawyer got it finally down to disorderly conduct (TX 42.01(a)(2) A person commits an offense if he intentionally or knowingly: makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace). Even though I didn't really want to plead guilty to something I didn't do, I did not trust the possible outcome of going to trial for deadly conduct. My ex had signed an affidavit of non-prosecution but this being Texas, they have a no-drop policy here. Anyway, that was all wrapped up early 2012 and I received a $100 fine. There is no possible jail time for class C misdemeanors in Texas.

Fast forward to this year. My green card was due to expire January 2019 so I put in the renewal application in October 2018. Fastest renewal ever. It was three weeks from submitting the application to getting my new green card. I intentionally did not travel internationally between 2011 and now because I wanted to be sure my green card was renewed. Now I'm looking at international vacations next year. Is there any possibility that I could face any issues re-entering the country given that I wasn't convicted of family violence but rather disorderly conduct and that my green card was already successfully renewed?
 

Jbuff

Active Member
#2
Back in 2011 my ex and I got in to an argument during which he threatened to ram my garage with his car. I told him I was calling 911 and getting my shotgun, and that's exactly what I did. However when the police arrived he lied to them and said I'd aimed my gun at him. Off I went to jail and they charged me with aggravated assault with deadly weapon, FV (felony). The DA changed the charge to deadly conduct, FV (class A misdemeanor). My lawyer got it finally down to disorderly conduct (TX 42.01(a)(2) A person commits an offense if he intentionally or knowingly: makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace). Even though I didn't really want to plead guilty to something I didn't do, I did not trust the possible outcome of going to trial for deadly conduct. My ex had signed an affidavit of non-prosecution but this being Texas, they have a no-drop policy here. Anyway, that was all wrapped up early 2012 and I received a $100 fine. There is no possible jail time for class C misdemeanors in Texas.

Fast forward to this year. My green card was due to expire January 2019 so I put in the renewal application in October 2018. Fastest renewal ever. It was three weeks from submitting the application to getting my new green card. I intentionally did not travel internationally between 2011 and now because I wanted to be sure my green card was renewed. Now I'm looking at international vacations next year. Is there any possibility that I could face any issues re-entering the country given that I wasn't convicted of family violence but rather disorderly conduct and that my green card was already successfully renewed?
Did you list the arrest on your Green Renewal application? If yes you should be fine. Walk with a copy of the Final Disposition of the case. Incase an overzealous Officer Questions you.
 

PDFW

New Member
#3
Did you list the arrest on your Green Renewal application? If yes you should be fine. Walk with a copy of the Final Disposition of the case. Incase an overzealous Officer Questions you.
No because there's nowhere on an I-90 to do so, unlike on the I-485 or N-400. I know that GC renewal automatically triggers a fingerprint/background check and that if there are any questions regarding arrests and convictions, people are asked to bring court dispositions, etc, to their biometrics appointment. I wasn't asked for anything at all so I assume that USCIS is fine with everything.
 
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