Pending Domestic Violence Case

[March21]

I have a pending DV charges ( 2 count, both misdemeanor).

My lawyer says that in my state (NC) and the county where the case is filed, there is no provision of deferred prosecution, classes etc. so that case is on trial.

I am worried, if the case is not completly dismissed then I wil have a conviction and as far as i know anything ordered by the court whether class, fine, probation will be a conviction and i will be deportable. Is that true?

 

[ananga73]

See below.

Best!

237 Domestic Violence

Section 237(a) of Act

Section 237(a)(2)(E)(i) provides that any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabitating with or has cohabitated with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who protected from that individual’s acts under the domestic or family laws of the United States or any State, Indian tribal government, or unit of local government. In order for a crime to be considered a crime of domestic violence, the crime must first be classified as a crime of violence. 18 USC 16 defines a crime of violence as: 1) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or 2) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. This ground of deportability only applies to convictions occurring after September 30, 2996. IIRAIRA 350(b).

http://www.justice.gov/eoir/vll/ben...k law on inadmissibility and removability.htm

I have a pending DV charges ( 2 count, both misdemeanor).

My lawyer says that in my state (NC) and the county where the case is filed, there is no provision of deferred prosecution, classes etc. so that case is on trial.

I am worried, if the case is not completly dismissed then I wil have a conviction and as far as i know anything ordered by the court whether class, fine, probation will be a conviction and i will be deportable. Is that true?

 

[March21]

Thanks for the reply!

If I leave US before my trial date for never to come back. I know there will be Bench Warrant which will remain open forever.

But wil I be considered as "Convicted in Absence"? If not then while applying for work permit for another country if there is a question "Have you ever been convicted?" Can I answer no?

 

[March21]

I have a pending DV charges ( 2 count, both misdemeanor).

If I leave US before my trial date for never to come back. I know there will be Bench Warrant which will remain open forever.

But wil I be considered as "Convicted in Absence"? If not then while applying for work permit for another country if there is a question "Have you ever been convicted?" Can I answer no?

If any company runs my background check in US, will my record appear as "Pending criminal charges"?

Thanks for your feedback!