Dv problem

dafortycal,

The state might not be in the immigration business but the courts have a process to follow and one of the processes is for the trial judge to inform the defendant (if present in the court on the hearing) that if s/he is not a US citizen then the guilty or Nolo contendere plea may subject the defendant to deportation.

Yes, the immigration (USCIS/ICE) can still issue a NTA (Notice to Appear) in the immigration court. The defendant can then fight and win the case on the basis that s/he wouldn't have entered the plea if s/he was informed of the fact by the state on the DV hearing.


dafortycal said:
The problem with that is, the State isn't in the immigration business. If you haven't made them aware of the status, how can you blame them when they fail to warn you. You can still get removal if a warning isn't given.
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toneto,

What you are going through is pretty natural because you are on the hook and nobody else. I can very well relate to your state of mind but that doesn't mean you should stop your due diligence. I think you are on the right path.

Yes, you don't really need an immigration attorney to file the N-400 and technically you also don't need immigration attorney for the interview because the immigration attorney cannot answer for you. But it might be good for you to have an immigration attorney representation since you have a DV case which was expunged and in the process will also give you mental relief of having a strong legal back up. The immigration attorney can avoid illegal/unethical questions asked by the IO. Most of the times, the IO's will understand that events happen in life. If this was your only incident in life and the victim didn't have to go hospital due to your acts and your application was filed after 5 years since the court judgment day and you paid all the fines, finished your classes in time, you have very high chances of getting the US citizenship.



toneto said:
Im with mix feelings but like the lawyer said you are worring too much....that made me feel better for a few hours anyways....:eek:
i'll make my desition soon ,both of them told me that it will come to me one way or another....
looks like double jeopardy doesn't it?:rolleyes:
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Even with prvious case lfavoring an applicant, will USCIS simply just
make a decision against you in violation of that precedent case?
This way they force you to spend a lot of money on going to court
and USCIS can be happy because one way or another you suffer.
They either make you unable to become a citizen or make you
citizenhsip very costly so they can have fun
 
USCIS loosing money going to court so they would prefer not to go there.

WBH said:
Even with prvious case lfavoring an applicant, will USCIS simply just
make a decision against you in violation of that precedent case?
This way they force you to spend a lot of money on going to court
and USCIS can be happy because one way or another you suffer.
They either make you unable to become a citizen or make you
citizenhsip very costly so they can have fun
Click to expand...
 
update

This does not seems to end!!!
Im in a limbo again!
talk to the she lawyer and by her sugestion went to court to try to locate a ticket that I paid $10 for not possetion of driver licence (1995)
went to the clerk and was told that since it was to old it was not going to show in the sistem,so I gave him my DL and he toldme tjhat it did not show up on there but that I owe a ticket since last year for a broken tail light wile driving an acura car I told him that he must be mistaken and he insisted that it was me until he noticed that the last name of the person given the ticket had 2 letters missing ,meaning it was different but he also expresed that for some reason it was linked to my DL so he suguested that i go to the court that the ticket belonged to so after an hour driving I got there ,went to the clerk and explined the same thing as the other clerk did ,show my DL to show that ,last name ,adress ,signature did not match and she told me that the only way it was to go in front of a judge to tell that it was not me...she also suguested tjat i go to dmv to get some proof that I do not own an Acura!
now here is were the dilema starts she gave me a court date even with the other persons name (wich last name is similar )but not quite the same ,the date she gave me was AUG 5 2009 so that means I can not apply until I go to this court date???
After that I went to DMV and requested a 10 year record and surprisse ..NOTHING THERE ..iM CLEAN ON THE DMV....
WHAT DO I DO IM TIRED OF THIS.
SUGGESTION ANYONE.
 
What if the initial charge by police was a misdemeanor DV and the person goes with "no contest" and the judge dismisses the charges and brings it down to a "infraction 415". Will that still be considered a CIMT?
 
I think it will depend on wich state you ere and what the infraction means ,for example on california 273.5 is a felony dv but it is also used as a misdemeanor ,an infraction i think is more like disordely conduct?
and that is not cimt.
 
Isee a lot of people that suguest to bring arrest records,I was never arrested .is there other papers that states that that I can bring?
or the court disposition(certified) it is enough...?
thanks.
 
toneto said:
Isee a lot of people that suguest to bring arrest records,I was never arrested .is there other papers that states that that I can bring?
or the court disposition(certified) it is enough...?
thanks.
Click to expand...

You'll need to bring your court documents.
 
toneto said:
Isee a lot of people that suguest to bring arrest records,I was never arrested .is there other papers that states that that I can bring?
or the court disposition(certified) it is enough...?
thanks.
Click to expand...

arrest report means police report. Sometimes it is hard to get because
it is not open to the public unlike court records.
 
Bobsmyth said:
You'll need to bring your court documents.
Click to expand...

His question is police report is still needed in addition to
court documents. The USCIS letter often use the word AND
such as "bring court documents and arresting agency report".

Even there is no arreest made, the police still file a report
about incidence etc.
 
Im back ,after consulting with many lawyers ,I sent my aplication on nov 3rd.
Im a little nervous but I need it to be done with it .so here we go.
 
Good luck!

It seems that naturalisation processes are speeding up. My interview was 2.5 months after sending the application, and I thought it was pretty fast then.
 
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