I am Arrested

Status
Not open for further replies.
G

gls

Registered Users (C)
Hi Gurus-

This is my first time using this forum. I have a concern about my 485 application.

I got arrested on Assault and Battery Charges for beating up my wife and been to the Juvenile and Domestic Relations Court. The court asked me to take the Domestic Violence and Anger Management Classes for 24 weeks. Then one month after that I have applied for my and my wife's I140 and I485 concurrent filing. But I have not mentioned about my arrest in 485 at the time of filing and later on came to know that I should be upfront with the INS about my arrest otherwise it would come back to haunt me.

So I told my immigration attorney the same. Then she sent me one more I485 application which she said that this will be an amendment application.

I have completed my 24-week session now and will be appearing to the court again in two weeks from now. I heard from somebody that my case would be dismissed then. Is that true? Am I convicted or not?

Would that be a problem for my 485?

Has anybody faced this kind of problem and got their 485 approved? Or any suggestions are most appreciable.

Thank You
 
"Convicted" or not is the question

GLS:

I am very sorry for your pitiable position. Prima facie, your case doesn't come under the clause of conviction, per se and BCIS, usually places a person on deportation proceedings, only if convicted for a felony. In order to be convicted of a felony, your prison sentence should be of 365 days or more. However, in 1996, the then INS (now BCIS) promulgated its own code of law concerning what in its dictionary can be a felony, misdemeanor,etc. It backed it up with an infamous law called llegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

According to the coda of those laws, the INS(BCIS) has the powers to classify even a misdemeanor under the state/federal statutes as a "felony" for immigration purposes. This means, even though your State/Federal court would have not branded your offense to be a felony and would not have sentenced you to 1 year of probation or jail sentence, still BCIS can call it as a felony or "an offense involving moral turpitude" and place you under deportation proceedings. If that is the case, then you have the right to file for an appeal. In 2001, such a case was filed against INS in Arizona and the petitioner won the case. Please read about this Arizona case. .

Did you plead nolo contender (no contest) before the judge and thereby admit to your guilt? If you were "sent to prison," were you arrested on the spot by the cops? Were there any injuries to the victim and what does the police report say? Were you convicted by the judge to undergo simple imprisonment? From what you had explained, it seems like your case is a criminal case and not a civil case. If you feel delicate about the situation, you need not discuss here. But have the answers to these questions, because this is where you can press your case. For example, if you are accused by BCIS of having been charged under felony and as such should be ready for deportation, then you must file a petition before the Immigration Judge to prove your point that you didn't harm the individual. If the Police had merely arrested you on your wife's complaint, then you can argue your case, even though INS (BCIS) views the cases of domestic violence under the clause of what is called as preponderance of evidence. What that means is, when a decision cannot be taken based on paucity of material witness, then, one can arrive at a decision based on "whose side of the story carries more weight" or "whose side has MORE conviction in the light of ALLEGATIONS from BOTH sides." The problem with this approach is that a female judge (sympathetic to the 'weaker-sex') may not even see your point of view and your evidence and may award a sentence based purely on your wife's charges that you "abused her." That is what is called as preponderance of evidence. And if any sentence was awarded to you based purely on this, be forewarned that it is how even INS views the whole issue. However, one silver-lining would be to prove your point before the immigration judge, that you were "victim of circumstantial evidence." However, if you were caught red-handed while perpetrating violence against your wife and the police-report glaringly cites that, then your case is bit difficult. Even then, you must not lose hope. Guess, why? You can always argue that you were not convicted for an offense of felony. How is your background, otherwise? Tabula rasa(clean slate), I would hope. If that is the case, you can always argue your case.

I don't think anybody in this forum had gotten into this mess. Do not lose hopes. Hold on tight and be courageous. I will remember you in my prayers. The storms would pass.
 
Last edited by a moderator:
tombaan

I don't think we need to judge anybody (seriously no offense meant to you or anybody, just my humble personal opinion). But from what gls had posted, am not sure, if he "actually" committed an offense, in which case, the law would and should take its own course. I responded to his poser, purely from my conviction that there is a small probability that he may not be guilty of the offense.

When it comes to Domestic Violence, there are glaringly more false accusations, these days. In fact, please take a look at one of the Letters to the Editor in today's US Today. And in the US, due to the "violent" nature of the society, the courts are more sympathetic to the cause of females than males. In fact, scientific studies report a disturbing trend of females being the actual perpetrators, but going scotfree due to the laws favoring their position.

Therefore, gls, may well be a victim of circumstances and only three people know and truly know if they deserve deportation: gls, his wife, and God. As seasoned contributors, let us see if we can just comment on the circumstances of the case and not on individuals or whether they "deserve" one or the other.

What is scary is that all it takes for you to lose your Green-Card chances is for your wife, with some ulterior motive to call 911 and say that you hit her. Therefore, there is always a flip-side of the coin and in cases such as these, one is at true loss to understand who is right and wrong.

Hope GLS will take in his stride, if anything worse happens to him, because he may have violated the laws of this country. If not, as I had outlined a few points, he can always fight it out.

Thanks.
 
Another point GLS

Also, one of the most important questions is this: Is you case a civil (Mrs. GLS Vs. Mr. GLS) or criminal (State of XX Vs. Mr. GLS)? If an arrestwas made by the police and the State is prosecuting you to anger-management classes and/or probation and/or jail-sentence, then it is surely a criminal case. In that case, even if your wife pleads INS/BCIS/State of XX to drop the charges, that would not cut ice, because the State can never withdraw a criminal case, just because the victim had wanted it to be withdrawn against her husband.

However, if it is Civil (which to me seems highly unlikely), then you need not worry. So see where you stand on this.
 
okun

I am not a lawyer, else, would I not be the first to volunteer my services for many people in this forum who crave for attorneys to represent them :D ? I just have a natural desire to understand the legal system of a country to which I have ties to. That is all.

And when you take some time to understand a legal system, you will come to know that the flood-waters are always deep, i.e., even though a country's legal system tries to be disinterested and impartial in administering justice by enunciating laws, the very laws have all the potentialities to punish an innocent person. "Innocent until proved guilty," is increasingly being replaced by "Guilty until proved innocent," everywhere. That is why I am kindly requesting people not to "judge people," but merely restrict themselves to the "cases" in question. Because from what GLS had posted, the odds are 50-50 that he had actually perpetrated something that is punishable by law, or he would have been just made a victim of circumstantial evidence by his wife in a fit of rage. I am sure, his wife would have been penitential, later. But cui bono?(for what good?)
 
Good guy poongunranar!

poongunranar,

I really appreciate your help to people like Gls. Without knowing the reason for his problems, we can not comment like Tom. Everybody deserves an advice.
 
Poongunranar:

Thank you very much for your patience.
You did a great job in guessing on my case. I appreciate your help. When I beat up my wife on one night she called 911 on me the next day morning and the police came and arrested me that day when I came home for the lunch and took me to the magistrate office and then released me immediately but I was never put up in the jail nor I was sentenced 365 days of imprisonment. I think my wife got one or two bumps on her face when the police men came to arrest me but she never hospitalized.
I am not sure whether mine is civil or criminal case. How do I find out about my case? I think its between me and my wife and nobody else involved in our case. Also my wife accompanied me when I went to the court for the first time and told the public prosecutor that she wants to drop the charges against me but they told her that she cannot. My background is very clean. This is my very very first offense in my life either in the US or elsewhere. Thank You.
 
Yes, we do need a person like poongunranar in forums like this.
I appreciate your help.
 
reply to GLS (and thanks to others)

GLS:
Why I keep requesting you to summon up courage and hope is that, one can never achieve anything by being callow. In trials and tribulations, you will only emerge all the more successful. Therefore, don't put yourself in danger by trying to skirt the issues, just because they are difficult to handle and discouraging to swallow. Hope you got my point. Let us proceed to your rejoinder.
I was never put up in the jail nor I was sentenced 365 days of imprisonment.
Click to expand...
That is good. However, you may have been let out on bail, when you were taken before the magistrate. At this point, you haven't answered my question: Did you plead guilty? If, YES, then you must be ready to face any action that INS may launch (for heaven's sake, don't get frightened. I am just point-blank, primarily to remove all doubts in your mind and to better equip you with the guts to fight out your case, if it boils down to that), because all that INS looks is whether you had pleaded guilty or you were pronounced guilty by a Court of Law. One should not forget the famous case of this Yemeni guy, who was advised by a Law intern to plead guilty to get over the proceedings as a plea bargain and how it ultimately landed him into deportation proceedings. This guy didn't even know or understand what is meant by no contest or nolo contender! What a pity! This prompted a furious uproar that even had its reverberations in the US Capitol in 1999, I think. Therefore, please do see where you stand on this.

Now, you and I may argue about not being convicted for 365 days, which constitutes a felony. However, as I had earlier remarked, INS' definition of a felony includes broader offences, including shop-lifting, thanks to the "offences involving moral turpitude" clause of the IIRIRA, that it added, which gives broader powers to itself to freely differ with the federal/state definitions of a felony.
I am not sure whether mine is civil or criminal case.
Click to expand...
So, now the question boils down to this: Was your case a Civil or Criminal one? I can asseverate with 99.9% certainty that yours is a criminal case. Because, your case is being pressed and handled by a District Attorney ( I can also guess that you are from India, because you used the word "Public Prosecutor", who doesn't deal with the DV cases in the US, usually). And my stance is vindicated all the more, when you say:
when I went to the court for the first time and told the public prosecutor that she wants to drop the charges against me but they told her that she cannot.
Click to expand...
. That is clearly emboldening my guess, that your case is criminal, because the state is pursuing the case, not your wife. See, if you are a non-violent person practising "non-resistance to evil," and suppose you are being robbed at gun-point in the mall, you may well pardon the person by giving what he demands. However, a cop who sees this and arrests the perpetrator need not let this thug go off, primarily when you insist, "Mr. Policeman, kindly let him go, because I want to turn my other cheek to him as I don't want to resist evil with evil." Well, the Policeman will not do that, because, the pepetrator will now commit an act of violence against some other member of the citizenry. That is the same logic that is applied to any criminal case. In this case, even though an act of DV was commited by you against your wife, the state sees you as a liability and also sees that there is a reasonable amount of risk if you are let go scotfree. Moreover, you see the act as being commited against your wife, whereas the State sees it as a crime perpetrated against IT'S OWN resident/citizen and any state has this responsibility to maintain law and order, without paying attention to the relationship between the victim and her perpetrator.Therefore, even though your wife didn't want to press charges, once it goes to the State, it cannot withdraw the charges, until you enter into a direct plea bargain with the state -- not with your wife alone.

Personally, I am sick of this law, because, usually DV offences are commited in a fit of rage and usually couples do reconcile, if it is not a systematic and continued pattern of abuse. However, even a single slap on a face, if even unreported by your wife, but reported by a cop on a beat or by a neighbor next door, has the full potentiality to sunder things apart. In the name of female-activism, several marriages are at stake because of such draconian laws. Moreover, with immigrants like you and me, a cultural undercurrent also contributes to this mess. In fact, if you are from India, you are governed by the Indian Penal Code if you happened to reside with your wife in India. Right? There, the state cannot proceed against you with Section 498 A, unless there were grave injuries committed against your wife. I don't support that stupid IPC, either. That makes several females vulnerable to abuse and abuses do thrive in India, dear friend. On the other hand, such liberal laws as in the US are also causing grave harm to the couples!! Is anybody realizing what this is causing to marriages? A few women's organizations have lobbied hard for such liberal interpretation of laws, but let me ask such organizations this: Is the end better than what was before? These laws are causing grave hardships to married couples and that is where I am not able to agree with its "harsh interpretation." This should never send a wrong signal, that I am opposed to such a law, however, all that I am saying is that, unless there were grave injuries and other life-threatening abuses perpetrated, the State should just mind its own business and should not go any step further that would undermine the institution of marriage within a couple. In fact, even though the couples may have reconciled, this draconian law, when pressed as a Criminal case by the authorities, puts the marriage at stake. It creates all the more rift within the couple. In fact, from what I hear from you, I guess both of you are living together and therefore please be very cautious towards your wife. Don't let your steam or anger or frustration on her, particularly when you are already being pursued for that offence. Also, make a honest evaluation, if you did hit her in a fit of rage, or you merely responded to some kind of emotional blackmail on the part of your wife. If the latter is true, kindly do send her back and apply for a divorce. If you honestly feel that she is truthful and faithful to you and you just hit her in one of those bad moments, then pardon her and be more loving to her. In any case, ascertain the threat perception and react. Did both of you reconcile within yourselves? If the answer is in the affirmative, then be bold and courageous. INS cannot do anything unreasonable on you, other than the only risk of taking this Criminal case as a "felony" and putting you in deportation proceedings. If that happens, then you can take the cue from the Arizona case, I had posted earlier and fight it on an appeal.

Ah..forgot to add one more point. Any communique to you from the Court, if it has, State of XX Vs. Mr.GLS, that is a 100% proof of this case being criminal. And if the District Attorney is pursuing this case, that is also a 100% proof of this case being a criminal one.

If you are morally feeling dejected and demoralized for what had happened, and believe in God, just apologize to your wife and to God as well. And after that, even if I accuse you of any wrongdoing, muster all your courage and tell me:"shut up Mr. T. You have no business in telling me what I deserve, because I am reconciled with my wife and God and am able to face any consequences." Every single human-being is worthy of pardon and forgiveness. Don't allow your self-esteem to go down by a few Toms, Dicks, and Harries, who arrogate to themselves the authority to judge and lampoon others. Ask their own wives and you will get an altogether different stories.

Don't forget: You are in my prayers and nothing will befall you. Peace be with you, dear Friend. Just be reconciled amongst your own conscience, your wife and with your God.

The only threat perception you have right now, is if INS construes your criminal case as a felony. Mostly they shouldn't. However, if they do, then you can file an appeal. BTW, which state do you belong to? Also, did you get a copy of your Police Report to see what they had written about the case?

Peace be with you.

GreenSurf /okun/Suryasaha

Thanks for your accolades. If I can make a person better with what I know, I will try it. I really don't want to make a person undergo, what they call in legal-lingo: double-jeopardy (punished by the authorities and blasted by folks like us in this forum as well). Let us be law-abiding citizens; more than that, human-beings with charity. Thanks.
 
Last edited by a moderator:
pompous

Personally, I am sick of this law, because, usually DV offences are commited in a fit of rage and usually couples do reconcile, if it is not a systematic and continued pattern of abuse. However, even a single slap on a face, if even unreported by your wife, but reported by a cop on a beat or by a neighbor next door, has the full potentiality to sunder things apart


duuuh. so in a fit of rage it is ok to hit your wife. is that what you are saying? Many a times this kind of abuse doesnot get reported and the victim ends in morgue. do you know the stats for that? It is beyond my comprehension how can you hit your wife? fight and shouts are part of every married life but slapping someone on their face. Btw she had few bumps they dont come with a slap it must be more than that. so in a fit of rage is it ok for your wife to slap you and give you a few bumps. OOPs it is not cause only male ass can do that:(:confused: :mad:

another of your pearls of wisdom
Also, make a honest evaluation, if you did hit her in a fit of rage, or you merely responded to some kind of emotional blackmail on the part of your wife. If the latter is true, kindly do send her back and apply for a divorce. If you honestly feel that she is truthful and faithful to you and you just hit her in one of those bad moments, then pardon her and be more loving to her. In any case, ascertain the threat perception and react. Did both of you reconcile within yourselves? If the answer is in the affirmative, then be bold and courageous.

then pardon her...for what ? emotional blackmail...then divorce her. if she is truthful and faithful...maybe she should take agniparikhsa like sita did ??? how will we know she is faithful. or maybe lock private parts like french kings used to do? For all your high stand knowledge of law and english you are still archaic species from the 19th century. i pity people like you. one thing is clear you are nothing but a male Chauvinistic pig. It clearly relects your poor opinion on women and them being equal partners in a marriage...
 
couldnot help it

double-jeopardy (punished by the authorities and blasted by folks like us in this forum as well).


this is the best definition i have ever heard. is this from the law books? :D :D :D :rolleyes:
 
Ignore insanity

Folks (mainly GLS), don't respond to insane outbursts of this lunatic who is known in this forum for going berserk. And he had been admonished by many, which has pushed him to go hammer-and-tongs on many, at this forum. Because, this was the same guy who was seriously caught with his pants down, by another female. His male chauvinistic comments against this female made many other folks like me to jump to her side. And my purpose of asking GLS to "pardon her," cannot be understood by Neanderthals like Toms, because, GLS's wife had already pardoned him enough, that she had gone to the DA to request that the charges be dropped. So, where is the question of advising her to pardon GLS? She had already did that. And why am I giving this suggestion of "pardoning her" to GLS, is because, he may accidentally try to shift the blame and onus for all these legal limbo on his poor wife calling 911, instead of his own uncontrolled anger which made her call 911. Therefore, for that act, he should be willing to "pardon her." If that is not possible, he should send her back or even divorce her, because it would be suicidal if only she would make a similar call without GLS hitting her or abusing her. That is a very real threat before GLS.

And I can only laugh for being called a "chauvinist." I am not asking anybody to live in "abused" relationships and I can only advise either of the partner to divorce each other, if they find they cannot live amicably. Again that is against my own conviction on institution of marriage as it should not be treated with scant respect as though it was a "casual contract" to get away with. But, instead of "slaps," "hits," and "punches," either of the partners can part with a Dutch handshake. The very fact, that GLS's wife hasn't done that should convince those opposing my viewpoints that both GLS and his wife, very much want to have their marriage saved and obtain the GCs. May be certain "toms" want to chase the couple away by spoiling their marriage, or worse, just get the guy packed home and do what with Mrs. GLS?

And this guy cannot understand the logic behind "double jeopardy." When GLS has already been punished in accordance with the laws of the land and has even served the sentence, he has come to this forum to seek opinon. Not to seek "curses" and slanders from those who think they are seated in the highest pinnacles of marriage practising equality with their wives.

I can certainly agree that a slap cannot cause more bumps. GLS might be hesitant to come out clean on facts (that is his right to privacy and ignoramus toms should read about Fifth Amendment and Miranda Rights) and that is something for Providence to judge GLS. It is none of my business and cannot be judgmental on GLS, as a few always do here, even though they are bereft of any modicum of intelligence to offer constructive advice/support/criticism, other than "sour grapes." Other than this, even his "period" doesn't warrant any comment from me. He needs to be sent for "Anger management," or "Jealousy tolerance" classes, because you can see this guy going testy only when a few people laud my posting. You folks can go and check this out.

But for this "name-calling," "abusive," and "demeaning," postings of toms, I do respect his freedom of expression.
 
Last edited by a moderator:
ayansgp

Even though you sound to be satirical and sarcastic, the truth of the fact is that nobody is creating such an optimism here. So, according to you guys, GLS should be given death penalty or what?

As I said, we cannot judge the person. However, we can offer insight into the case, if we have information. He has already undergone punishment and it is only natural for us to go on record with all the details on similar cases.

This may be helpful to GLS to tackle his case and may even dissuade others from practising Domestic Violence at home. But, I leave it to those people who have conscience to ask themselves a question, which even major newspapers have asked in the recent times (US News), and this has to deal with false accusations. If all that it takes is a simple phone-call (again this may be some silly domestic ego clash, for which a female can call 911 to report it as some DV that wouldn't have taken place at all) to ruin all the GC chances, I leave it to your own consciences to deem what is appropriate.

And this country is known for faster adjudications in court, only to find that more than 66% in death-penalty having been put to death on false and frivolous grounds. I encourage you to become members of Amnesty International, if you are questioning my credentials for facts and statistics. For protecting my own identity, I would like to stop it right here.
 
Stop non immigration discussion

Mr.Tombaan , stop using un parlimentary words. If you cannot help somebody, please keep away from this thread. This is a warning from the moderator of this forum.:o

Mr.Poonguranar and others, try to keep the replies simple and to the point. Once in a while lamenting is okay, but if you keep responding to wild posts, you are taking your time away from responding to other genuine questions. Best way to deal with such wild posters is to ignore them. If you want we can start a philosophical or lament forum elsewhere:)
 
jaxen

You are perfectly right in your advice. I think, I committed a faux pax by digressing (even though I didn't want to respond to personal diatribe).

I apologize. I am sorry.

(However, I thought I should use this also as an occassion for educating people, how they cannot be oblivious to the "flip side" of the coin. Again, I personally feel that was a genuine wish, but it goes against the policies of this forum, for which I apologize. Sorry, once again. I will restrict myself to the topic. However, it is only this wild-poster who cannot brook a couple of laurels thrown in my way. Anyways, thanks, Jaxen.)
 
Last edited by a moderator:
Status
Not open for further replies.
Top