ahhh one more thing,I got a real gc (plastic)on 03 because the original one was never send to me before or it was lost or whatever,that was actually a year after the incident and while I was still on probation.
another lawyer told me that since I was not fp mostly they will never know,mmmmm that I doubt.
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.[/I]
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can I vacate a plea even after it was expunged????? I do not remember nobody telling me on court about immigrations issues ,,mmmmm this is mind breaking.
This legal reference states that a misdemeanor is not a crime of violence, and for a DV conviction to be deportable it must be both a crime of violence and must have been against someone with a defined domestic relationship.
So since your charge was a misdemeanor DV, it implies it is not a deportable offense.
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Then what is the point of adding DV as deportable offense anyway in 1996?
If only felony DV is deportable, then there was no point to add DV as
a deportable offense separately because a felony offense is already deportable.
The point of adding DV as deportable offense is that it involves violence. In some cases, even a misdemeanor DV can be considered deportable if there is enough evidence to show that force or the threat of force was used.
Is there any domestic violence (DV) that does not involved violence? SHould it be renamed to DNV (domestic nonviolence)?
"Crime of violence" for immigration purposes and Domestic Violence for legal purposes have different meanings. From a deportation standpoint, a DV has to involve force or threat of force, whereas from a legal standpoint it does not.
I know, and I didn't say that the checks during renewal would fail to find the offense. What happens is that they're not going to see the various related files and paper-based information that the FBI would see during a name check (and even with the name check they sometimes can't see the details, that's why they ask for court records). And without those details, it is tough or impossible for them to know if a specific occurrence of a DV misdemeanor is deportable or not (unlike an obvious deportable felony like murder or rape). But they will surely take the time to get the details and figure it out during naturalization.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.
violence is defined by as defined in section 16 of title 18, United States Code.
But I don't think it is totally related to whether it is misdemanor or not.
can I vacate a plea even after it was expunged????? I do not remember nobody telling me on court about immigrations issues ,,mmmmm this is mind breaking.
To be honest I do remember signing a yellow paper,(plea)? but I even asked my lawyer about immigration problems in the future and she said most likely no since it was a misdemeanor but I do not recall anything of that nayure coming from the judge,,I will research that.
To be honest I do remember signing a yellow paper,(plea)? but I even asked my lawyer about immigration problems in the future and she said most likely no since it was a misdemeanor but I do not recall anything of that nayure coming from the judge,,I will research that.
To be honest I do remember signing a yellow paper,(plea)? but I even asked my lawyer about immigration problems in the future and she said most likely no since it was a misdemeanor but I do not recall anything of that nayure coming from the judge,,I will research that.