if(this.DomesticViolence(NULL_Processed), return GreenCard::I485(EB3(india)))

[helpWanted_DV]

Hi,

This is my first post here. I have been reading this post since 2006.

I need really really some advice/help from you guys.

Back in 09/2006, I had a non convicted/dimissed/expunged domestic violence case . The court disposition says the case was dismissed for lack of evidence and never went to trial. Honestly I did slap my wife in my home when she was repeatedly annoying me during a family gathering which I should not have done. Her sister ( a divorced lady ) called 911. My wife was shocked because of her sister's act. But my wife was cooperative enough to get the case dismissed. Unfortunately, I had to go to jail,took 10 fingers printed, mug shots and released on bond next day because its a crime against state and me.

I have no other prior convictions or DUIs or any traffic violations.

Since my dates were current, I applied my I 485. I am the main applicant and my wife is the derivative. I am on h1b and she is on h4.

I have a stable better job and my company attorny is a very competant famous lawyer based out in Pheonix,AZ.

I explained everything to my lawyer , he studied my case , court dispositions etc etc and told me I will be ok. He also hinted that my application would be transferred to local office for interview and during the interview , during oath that officer tries to make me plea guilty even thoug my case got dimissed for lack of evidence .


1. Will it be a good advice to retain the services of a good lawyer ( i.e my company lawyer ) during interview?. how much can he help me ?. what can he do for me during the interview? My case got expunged and sealed. All non convicted cases will be erased from FBI. they keep only convicted even though Judge grants expungement . this is what the court house told me. So I am hoping my FBI record would be clean.

2. what kind of questions they would ask me during AOS interview?

3. will they really put pressure on me to plea guilty for the non convicted ?.


This has been bothering me of recent.

P.S, I am posting here my personal condition sincethis is an immigration forum and I need some advices. I dont need any "moral' advices if you dont have anything to help me. So, please DONT post anything on 'Moral advices' as everyone will have their own issues. ...

Thanks

 

[TheRealCanadian]

He also hinted that my application would be transferred to local office for interview and during the interview , during oath that officer tries to make me plea guilty even though my case got dismissed for lack of evidence .

Pardon? The examiner cannot get you to plead anything to a dismissed case. I suspect that USCIS will be very interested in the disposition of the case, and very little beyond that.

So I am hoping my FBI record would be clean.

Don't hold your breath. Your local courthouse may purge their records, but FBI won't and USCIS never does. If anything, expungement may work against you because it makes it more difficult to prove the case was dismissed.

3. will they really put pressure on me to plea guilty for the non convicted ?

How can they?

So, please DONT post anything on 'Moral advices' as everyone will have their own issues....

Just because you believe in moral relativism, doesn't mean we all have to. Some things are just wrong, and hopefully you are learning your lesson. Hopefully others will to, without having to go through what you've gone through.

 

[helpWanted_DV]

thanks

The 'Volunteer' moderator, realcanadian,

thank you for the reply. I am fine , good and didnt go 'through' anything what you were trying to say/thinking/mentioning on your last pointed comment (Your comments: Just because you believe in moral relativism, doesn't mean we all have to. Some things are just wrong, and hopefully you are learning your lesson. Hopefully others will to, without having to go through what you've gone through.)
and dont want to "volunteer"ingly / "moderate"ly tell others to learn a lesson from me ,you , anyone or others as you just said sometimes accidents can happen without knowledge. All I wanted to know here is just a process or just a ground work.


Well I have my expungemnt court certified document which says clearly NON COnviction NON CONVICTION and again more NON CONVICTION words all the way down to end of the sheet but as per the NON conviction expungement and record sealing procedure the court document which was mailed to me says that it was asked to remove from 9 databases. one of them is mentioned National bureau of invetigation , not sure what it means. But 95% expungement cases expunged from local court houses were never sent to state. I followed up each every stage and made sure that the expungenemn request sent to state as as I said 95% times tehy get stuck with local police station as they never send the file to state ( FBI ). Even rap sheet also says Expungement/Sealing for non convtions will not appear on rap sheet.But it might depend on state to state. FBI/Local FBI office keeps only convicted cases or deferred cases. They are not interested on NON convicted cases which never went to trial.
I had my rap sheet ( in july 2007 ) which says 'No records founds' so I am hoping they erased my finger prints.

but anyhow, I am not interested if FBI has or not. I checked Yes in 485 application if I was arrested. I was interested if the USCIS officer tries to dig into more more details and try to make me feel guilty...I will look for others and see whats their experiences/thoughts. or if you have any sample questions for the interview and I want to make sure that I dont run into issues because of my lack of home work.

Thanks.

 

[John78696]

No need to worry

As you are not convicted, it should not matter much.

I do not think the USCIS officer at the interview will ask you any questions to make you feel guilty. He is not a judge. He might ask for documents on the case.

Actually you can check the FBI database to see if your fingerprints are present in their database.

The 'Volunteer' moderator, realcanadian,

thank you for the reply. Well I have my expungemnt court certified document which says clearly NON COnviction NON CONVICTION all the way down to end of the sheet but as per the NON conviction expungement and record sealing procedure the court document which was mailed to me says that it was asked to remove from 9 databases. one of them is mentioned National bureau of invetigation , not sure what it means. But 95% expungement cases expunged from local court houses were never sent to state. I followed up each every stage and made sure that the expungenemn request sent to state as as I said 95% times tehy get stuck with local police station as they never send the file to state ( FBI ). Even rap sheet also says Expungement/Sealing for non convtions will not appear on rap sheet.But it might depend on state to state. FBI/Local FBI office keeps only convicted cases or deferred cases. They are not interested on NON convicted cases which never went to trial.
I had my rap sheet ( in july 2007 ) which says 'No records founds' so I am hoping they erased my finger prints.

but anyhow, I am not interested if FBI has or not. I checked Yes in 485 application if I was arrested. I was interested if the USCIS officer tries to dig into more more details and try to make me feel guilty...I will look for others and see whats their experiences/thoughts. or if you have any sample questions for the interview and I want to make sure that I dont run into issues because of my ignorance.
thanks a lot to all.

 

[helpWanted_DV]

Thank you

Hi John,

thank you for your post. I think thats what I wanted to know. However I have a tiny questions. If I get the interview for 485 and If Say , IO looks at the court document and throws the question like ' Explain about your domestic violence case' , how should I respond as If I tell the truth, it might be a problem. How can I respond to him?

Thanks a lot.

 

[John78696]

Say that it is a domestic violence case and give the final disposition.
No one is interested in the case, but the final disposition.

Hi John,

thank you for your post. I think thats what I wanted to know. However I have a tiny questions. If I get the interview for 485 and If Say , IO looks at the court document and throws the question like ' Explain about your domestic violence case' , how should I respond as If I tell the truth, it might be a problem. How can I respond to him?

Thanks a lot.

 

[india48507]

People like you should not get any green card.You slapped your wife for no reason. I bet you are annoying more than her. You did not have any shame asking this question and saying my wife is co-operative.

 

[gc_processing]

helpWanted DV

i have sent you a private message. pl check.

 

[helpWanted_DV]

India48&5

hi india48507

Dont kid here like an eunch. Who are you to judge if I am eligible to get GC or what. I am trying to understand the process. Between are you married?. if so, are you doing 'Family' life?. I guess you are not as you are not eligible for 'family' life OR might be a furstrtaed OR divorced lady OR Failed in life or can be all of them. so go away or you 'bet' before someone disturbs your body anatomy ...

 

[helpWanted_DV]

Thank you

Thank you Gc_processing.....I replied.

 

[helpWanted_DV]

Thank you all

Thank you for all who gave some directions.
I guess I have to wait and see.

 

[Neil B.]

I have been following this story and was not going to comment until helpWanted DV threatened India 48&5.
Just what did you mean by the statement " before someone disturbs your body anatomy?" Are you talking about assault (2nd time in your case), or do you mean an " honor rape "??
Also, why do you keep bringing up divorce in your postings? Maybe divorce is preferrable to being beaten about by someone whose culture finds this acceptable.
Many of us find " family life " stressful, we do not resort to domestic violence. I know you did not wish to incur this forums judgement, but really..did you think no one would express their disgust..??

 

[heresmine]

a suggestion

I have one suggestion and that is that you be very careful of the words that you use when you are interviewed. You had better hope that the IO that interviews you is not a divorced woman and or one who was a victim of domestic violence.

 

[helpWanted_DV]

Neil

Hey Neil,

lol.....none of those what you mentioned.. it was a harsh way of saying watchout your comments and expressing my 'disgust' .
why do you think husband abusing/wife divorce, why dont you think wife cheating/husband divorce. So my earlier comments were more towrds that direction.

I agree the family life is sometimes stressful in US. India48507 has to understand that I am not a seasoned wife abuser ot wife beater as (she/he) sucker India48507 "advising" me that I should not get green card , there by my wife. Personally I dont entertain that kind of comments on me made by tiny and not fully matured brains like IndiaXXXXX. I hope IndiaXXXXX apololizes me.


I even read some posts here on wives abusing constantly/threaning the husbands/his family memebrs and noone will be supportive to those husbands. and if under stress if some husband slaps his wife only once in a lifetime, I hate people making drama out of that..you know what I am saying...The other side of the story is US laws which I feel stupid manytimes....but they have their own reasons too. I am not illegal in US. I didnt have a single traffic/speeding ticket. I didnt have any other convictions or criminal incidents. So I could not bear IndiaXXXXX comments that I should not get Green Card. Voila, its that simple.

And about divorce and culture, I have my own personal reasons on divorce and particularly when it comes to My wife's sister who had crush on me for the last 10+ years and haunting me in every possible way to seperate me from my wife and kid since I chose my wife for marriage instead of her. some ladies are not just understandable to how far they can go to cheat husbands and trying to get their crush thereby landed with this.Divorce(myContext), Anyways,So, Please dont take it personal on divorce...

.Anyway, we will stop here as the subject is getting diverted...unless if you have something on original subject

tc

 

[helpWanted_DV]

Heresmine

Lol. That was hilarious. I appreciate your advice and enjoyed to the fullest your sense of humour. I will keep you posted if I make any progress....

As I mentioned, I will update you all on my case so that it might be useful for other....till then, we keep this thread nonactive as the focus is getting diverted and becoming more personal .....

 

[helpWanted_DV]

I found what I was searching

There was this guy called Niladri who responded to my post in some other forum. I think thats what Iwas searching for . I am good now...

 

[mysticbeach]

Helpwanted_DV,

I strongly support your posts. As you said thats you didn't do that itentionally and you have much love on your wife and kid, There is no point on discussing on your personal matters. It is better to discuss on the questions that you have asked. Hope other fellow members can understand.

 

[jardalu]

Hey helpWanted_Dv, Just wondering r u from south India ??

 

[gcrayudu]

what does that have to do with South India?

Hey helpWanted_Dv, Just wondering r u from south India ??

What does that have to do with South India, North India, East India or West India. Everyone have problems in their lifes. And nobody's life is perfect. We try to make near perfect.

Do you mean all south indians have problems with their spouses?

 

[jardalu]

What does that have to do with South India, North India, East India or West India. Everyone have problems in their lifes. And nobody's life is perfect. We try to make near perfect.

Do you mean all south indians have problems with their spouses?

You are right, every one has problem in one's life. But people learn and become polite. The tone this guy using is very arrogant and has familiarity with my experience with the people (It's personal experience).

I knew similar people where some one wanted to help them but they became very arrogant b'cuz of their very psychic behavioral problem. In the process they even don't realize some one's help in front of their ego http://boards.immigration.com/images/icons/icon9.gif
Unhappy