Please help, Domestic Violence & 485 Interview scheduled for Sept 2nd Week in DETROIT

[Anger_Mgmt]

Hello All,

I need your help desperately, Please advise as to what could be the consequences. Here are the details.

0. I filed for my 485 in July 2003 and my case is transferred to Detroit Local office since I have Domestic Violence case on my record.

1. I was arrested in Domestic Violence (girl friend issue) case in 1998, plead no contest and was given 6 Mos. probation and $500 in fines.

2. During the probation we got back again and got into argument and again I was charged with DV, I was called into the court (not exactly arrested).
went for Jury trial and was found guilty.

3. Got 2 Yrs. probation $ 800 in fines and 8 days Community Service.

4. Finished everything and was discharged from probation by 2001.

5. In both the above incidents were Misdemenors, no deadly attack with objects or no bleading or bumps were found. Just some bruises due to holding hands and pushing.

6. No problems after 2001, got married to a different person.

7. Explained the same to INS in a letter and attached it to my 485 application, basically asked them to pardon me for my mistake.

8. I have a lawyer and he is not sure what is going to happen, he advised me to postpone it so that I can buy some time and he be prepared.

Please kindly advise as to what will be the consequences in an interview etc..

If you do not want to respond here on the board please send me an email.

Thank you very much in advance.

 

[TheRealCanadian]

I have a lawyer and he is not sure what is going to happen, he advised me to postpone it so that I can buy some time and he be prepared.

You have an interview in over two months and that's not enough time for your attorney to be prepared????? He is a moron and needs to be replaced. Get a second opinion.

I do not want to comment on criminal inadmissibility. However, a good attorney can determine your admissibility based upon the maximum penalty that could have been applied.

 

[compass]

I think you have enough time.
You must get court records (certified copies) which identify the charge and whether you plead guilty to the charge(s) or admitted guilt, prior to diversion being granted. Records must also include the final disposition (dismissed or convicted) and the sentence.
Call to court and ask what fee they have for it (30-35 $). Then write to court asking this document, explain that it is for green card processing, and enclose the check for the required fee (make sure they accept checks, maybe money order).
If you were involved in it several times, call to each Court and get several documents.
Make a copy for yourself and take all to the interview, be prepared to explain everything in your own words. It is better if you find out what was the min and max sentence for your offence in this particular State, and show yours was min or just less than max.