Dv problem

T

toneto

Registered Users (C)
HELLO ALL.
I have a question regarding naturalization,I got my gc on june 01,been in the US since 94,on october 2002 I was charged with misdemeanor dv 273.5 in california PC,pleaded nolo contendere,got 36 months unsupervized provation,20 hrs community service,$200 fine and attended Dv lessons for 52 weeks.I completed everything on time,never had any problems before or after that incident of any kind,I do not know if it is important but I was never arrested even though I got a suspended sentence,for the last couple of years I have been wondering if is safe to apply for citizenship ,(because is a misdemeanor) or to wait ,the problem is my green card will expire in a couple of years,and will have to face it one way or another,never have any problems traveling outside the US,I talked with a good immigration lawyer and she indicated that because of the time that have elapsed it will almost be no problem,any advice or somebody with a simmilar experience,I will really appretiate since this is making me feel really uneasy,the lawyer is charging $4000:eek: well it is her job,I have been married since 1995 and like I said that was the only time I ever had any problems of any kind,well thanks in advance
 
toneto said:
HELLO ALL.
I have a question regarding naturalization,I got my gc on june 01,been in the US since 94,on october 2002 I was charged with misdemeanor dv 273.5 in california PC,pleaded nolo contendere,got 36 months unsupervized provation,20 hrs community service,$200 fine and attended Dv lessons for 52 weeks.I completed everything on time,never had any problems before or after that incident of any kind,I do not know if it is important but I was never arrested even though I got a suspended sentence,for the last couple of years I have been wondering if is safe to apply for citizenship ,(because is a misdemeanor) or to wait ,the problem is my green card will expire in a couple of years,and will have to face it one way or another,never have any problems traveling outside the US,I talked with a good immigration lawyer and she indicated that because of the time that have elapsed it will almost be no problem,any advice or somebody with a simmilar experience,I will really appretiate since this is making me feel really uneasy,the lawyer is charging $4000:eek: well it is her job,I have been married since 1995 and like I said that was the only time I ever had any problems of any kind,well thanks in advance
Click to expand...

$4000 is too much. I don't even know what lawyers can do to make any difference. All lawyers do is to prepare N-400 which you can do all by yourself. Either I don't know what a lawer can do during interview. It is not like a lawyer is
a USCIS IO's cousin or anything like that so IO can let you off if you bring a lawyer

Only way to know what outcome will be is to file your N-400. Just prepare
for it to go either way.
 
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WBH said:
Only way to know what outcome will be is to file your N-400. Just prepare
for it to go either way.
Click to expand...

Not really a good idea to blindly apply for naturalization with a deportable offense on record just to see what would happen.
 
Bobsmyth said:
Not really a good idea to blindly apply for naturalization with a deportable offense on record just to see what would happen.
Click to expand...

He does not have any choice but to go ahead with filing or to face deporation
anyway the rest of his life here since there is no statute of limitation for deportation. There is more chance immigration law getting tougher than getting softer. So don't try to bet that laws will be passed in teh future to make deportable offense non=-deportable. The OP already consulted a lwer who said it should almost OK. If he consult more laywers he would just get some lawyers saying No some lawyers saying OK. So what should he does?

It all depends on the person's situation and his tolerance. If it is almost certainly deportable, one should settle with that reality. If it is in gray area, soemone can live with that and someone will be worried all his rest of life, which make life miserable, much worse than restarting a life in his how country after deportation. So I think the best way is to get it over with. And as the OP said he might to face it anyway during card renewal process.

But that is just my opinion. It is up to each individual to make decision.

Deportation is not all that bad if you consider not living in USA as a viable
options. Many PRs can abadon their POR status on their own. You just need
to look at bright sides at whatever happens
 
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If the OP is ready for long haul,he can consider the option of re-immigration.
That is let his spouse become a citizen first and then sponsor him for re-adjustment to PR status.
Laws say DV is deportable but is not inadmissible. So a single DV does not prevent one from becoming a PR
or re-becoming a PR. Once he get re-Adjusted to OR, prior conviction should not be considered as basis for
potential deportation anymore.
 
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I think before granting a green card (and a nonimmigrant visa for that matter), USCIS should give a test to visa applicants about what offense
and crimes can make a person deportable. This would save a lot of people
from getting into trouble and save government a lot of trouble too.
 
well ,wife is already a citizen ,the lawyer also told me that was an option if it went sour.to be honest really considering her price ,because if i have reimmigrate there is also other charges.I really appretiate all your answers,is there anybody with the same problem that I have?
 
vacate the case. pls see similar threads in this forum.


toneto said:
well ,wife is already a citizen ,the lawyer also told me that was an option if it went sour.to be honest really considering her price ,because if i have reimmigrate there is also other charges.I really appretiate all your answers,is there anybody with the same problem that I have?
Click to expand...
 
well I consulted a lawyer about that in the past,but it was fast and it is been expunged it was a little hard to do that and also that it was very difficult to do.
 
Toneto,

Nolo Contendere is considered a deport-able offense under immigration laws but that doesn't mean that you will surely get deported, if this was the only incident in your life (on US soil) and also you didn't have any other brush with the criminal law again.

I had a same case as you and I was able to get my case vacated (which is different from getting expunged). The best route for you is to get the case vacated and apply after you are clear of earlier domestic violence charges. But if this was the only incident and the severity (discretionary matter for IO) of the incident was very low and you are clear of the 5 year statutory period from the judgment day of the earlier charges, you have good chances of getting citizenship.

If I were in your shoes, I would surely consult at-least 3 good immigration attorneys and discuss the case. After that you need to make a decision to file N-400. If you do decide to file N-400, you can do it yourself. But if the case is more complicated then just one incident it will be worth to spend the needed amount to get help to come out of this mess (because you do want US Citizenship). One thing for sure is that, a good attorney will surely boost your morale and confidence in this troubling times. Don't think too much about the money, if you do want to become a US citizen. And just to avoid shocks, prepare your self mentally and financially to spend about 15K (that doesn't mean you will have to spend this amount), so money does not become a troubling factor.

Good Luck to you and remain calm.
 
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Toneto,
based on what i see, i don't think u should apply for citizenship just yet. Vacate your case...wait for a lil more time....prolly 7-8 months before your green card expires...and then apply.
 
Well I went to a different lawyer and he charged me $ 70 very fair right ,well after looking at books and on the computer foe a while he told me he will charge me $500 to give me the right answer:confused: and 3000 for the process ,but he will deduct the $500 from it,well I think this one was just desperate for some money to be honest with you ,even though he was recomended to me from another lawyer (entertaiment) .......now im just wondering what to do 60% of me thinks to go ahead,but the other 40 makes me wonder about it ,too bad we can not roll back time uhh,well I appretiate all your answers ,im thinking of lawyer #3 ,any body from los angeles with a suggestion.(lawyer):)
 
From my experience, most immigration attorneys will charge from $50 to $250 just for the first visit. You will have to spend the initial consultation fee to get them to look at your file/documents. There will be additional cost, once you hire an immigration attorney to represent you. There might be some attorneys, who will listen to you on the phone and also give you a very good idea. You will have to keep calling till you find one who has time to listen to you and also give some good advice. Make sure you have a copy of ALL your court documents in your hand, most important the one where you were charged, any thing you signed for entering the plea and final judgment given and signed by judge. Also have a scanned copy in your email account so you can forward them without delay to who ever asks.

Just a note: The immigration lawyers will scare a hell out of you by giving the worst case scenarios. So listen to them calmly and ask intelligent questions.

www.ovink-immigrationlaw.us/ (Attorney John Ovink)
www.rifkinfox.com/ (Attorney Larry S. Rifkin, Esquire)

John Ovnik has office in Tampa, FL and he is very experienced and really good and also harsh/straight. No sugar coatings. He does immigration cases only.

Larry Rifkin has offices in Miami, FL and this person wrote the exam for immigration attorneys to get board certified. He too is experienced and knowledgeable.

Both the above lawyers are in Florida but it might be worth giving a phone call to them.


http://www.aila.org/ (American Immigration Lawyers Association can also find a lawyers in your area)

Los Angeles immigration firms

http://www.kanulaw.com/
http://www.madlawonline.com/
http://www.imminfo.com/

Good Luck.
 
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toneto said:
the problem is my green card will expire in a couple of years,and will have to face it one way or another...
Click to expand...
For green card renewal the background checks aren't as rigorous as for citizenship. They don't do the FBI name check for GC renewal, and they often don't bother to go into the details of the less serious cases to figure out if it is a deportable offense or not. With this being an expunged misdemeanor, your chances of successful green card renewal are much higher than successful naturalization.
 
Jackolantern said:
For green card renewal the background checks aren't as rigorous as for citizenship. They don't do the FBI name check for GC renewal, and they often don't bother to go into the details of the less serious cases to figure out if it is a deportable offense or not. With this being an expunged misdemeanor, your chances of successful green card renewal are much higher than successful naturalization.
Click to expand...

I heard now you also need to answer that "have you ever ... " question.
If that is true, then you will have to dsisclose it anyway no matter
ehther USCIS wil fin dout or not. If you choose not to disclose it, then you
have to choose not disclose it for the rest of life with the subject
of being exposed anyway.
 
WBH said:
I heard now you also need to answer that "have you ever ... " question.
Click to expand...
The green card renewal form does not ask that question about being arrested or convicted of anything. The only "have you ever" question is about abandoning residence.
 
Jackolantern said:
The green card renewal form does not ask that question about being arrested or convicted of anything. The only "have you ever" question is about abandoning residence.
Click to expand...

If offender was FP'd., most likly FP check will reveal it. If deportation is a risk, then better try something with at least a chance for bigger rewards
 
Jackolantern said:
For green card renewal the background checks aren't as rigorous as for citizenship. They don't do the FBI name check for GC renewal, and they often don't bother to go into the details of the less serious cases to figure out if it is a deportable offense or not. With this being an expunged misdemeanor, your chances of successful green card renewal are much higher than successful naturalization.
Click to expand...

You sure about that?

USCIS will take your fingerprints and photograph after the application is submitted, and a background check of your criminal history will be conducted. If you have been convicted of a crime that makes you eligible for deportation since you received your last green card, USCIS might order you to appear at a deportation hearing.

http://tribuneusa.com/?p=3670

And as we know, the definition of conviction for immigration purposes includes deportable offenses that were expunged.
 
Well I was never FP or picture taken ,I think it will only help on the gc but it will not on naturalization.
 
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