problem for citizenship for Domestic Violence issue happened before GC application?

J

Johny2008

Registered Users (C)
Hi folks:
I was arrested for domestic violence in 2001. It was before I applied for green card. I was arrested for misdemeanor domestic violence. Then I was put into a conversion program, then the case got dismissed. I told Immigration Service this issue on the I-485. I didn't have trouble to get my green card approved.

Now, it is time to prepare citizenship application. Do you think I will trouble to get citizsnship because this domestic violence? I never have any other legal problems in my life. It happened 7years ago. I heard citizenship mainly check your past 5 years criminal background. Any suggestions are highly appreciated. Thank you very much.
Johnny
 
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Hard to say whether you will have an issue or not. One the one hand, USCIS supposedly already knows about the problem, and on the other, a "diversionary" program is usually counted as a conviction for immigration purposes. You should definitely consult a lawyer before submitting your N-400, because domestic violence can be a deportable offence.
 
Thanks for the reply. I had interview for my green card years ago. The immigration office didn't issue the green card right away. She sent green card to me about 2 months after the interview. Appear to me, the immigration officer checked law and regulation before issueing the green card. Thanks for your replies! Johny
 
Johny2008 said:
Thanks for the reply. I had interview for my green card years ago. The immigration office didn't issue the green card right away. She sent green card to me about 2 months after the interview. Appear to me, the immigration officer checked law and regulation before issueing the green card.
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No ... it usually takes at least a month or two for them to send the card after the interview, because of the paperwork they have to finish and transferring the files from the local office back to the service center. But yes, they should have checked the regulations. However, they are less diligent when checking those things for the green card than when you apply for citizenship.

You should see a lawyer before submitting the application, because this could get you deported even though the case was dismissed. Once you pay a fine or get probation or diversion, USCIS may deem that you were convicted even though the court dismissed the case. USCIS is another judge and jury. You will have to find out from the lawyer if the severity of your particular offense (if you hit somebody, you're in much worse shape than if the arrest was just for shouting) is sufficient to warrant deportation. The main concern is the most recent 5 years, but for deportable offenses they will look back thru your whole life.
 
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Jackolantern said:
No ... it usually takes at least a month or two for them to send the card after the interview, because of the paperwork they have to finish and transferring the files from the local office back to the service center. But yes, they should have checked the regulations. However, they are less diligent when checking those things for the green card than when you apply for citizenship.

does it mean that USCIS is less stringent as far as background check for the green card as oppose to naturalization?meaning a background check for green card is different from a background check for naturalization?
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Thank you for all your good responses. I think Immigration Service mainly check your past five years criminal history. Thanks!
 
Hi folks,
I got some answers from Immigration Service website.

Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

has committed and been convicted of one or more crimes involving moral turpitude
has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
has committed and been convicted of two or more gambling offenses
is or has earned his or her principal income from illegal gambling
is or has been involved in prostitution or commercialized vice
is or has been involved in smuggling illegal aliens into the United States
is or has been a habitual drunkard
is practicing or has practiced polygamy
has willfully failed or refused to support dependents
has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provision
 
xd45 said:
does it mean that USCIS is less stringent as far as background check for the green card as oppose to naturalization?meaning a background check for green card is different from a background check for naturalization?
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If you were convicted by the court, they will notice it and act on it if the offense is serious enough, whether it is with the green card or citizenship. But in cases where the court dismissed the case, they have to dig deeper into the details in order to come up with their own determination of guilt. Sometimes they don't go into that level of detail for the green card application; it is not uncommon for people to get their green card approved with something like that on their record, then when they apply for citizenship it is noticed and they get denied and deported. They are more careful when it comes to granting citizenship, because it is very difficult to revoke citizenship but relatively easy to revoke the green card.
 
Good responses. Read website quot above, I know I am gonna be OK. Also, I was charged domestic battery misdemeanor. According to the previous immigration cases, I am OK. I am a very law biding person. Have no any other criminal history.

See this:In Flores v. Ashcroft the Seventh Circuit held that a respondent
convicted under the Indiana Battery statute was not deportable for a
crime involving domestic violence because there was not a substantial
risk that the offense involved the use of force. November 26, 2003,
2003 U.S. App. LEXIS 24051
 
Johny2008 said:
Good responses. Read website quot above, I know I am gonna be OK. Also, I was charged domestic battery misdemeanor. According to the previous immigration cases, I am OK. I am a very law biding person. Have no any other criminal history.

See this:In Flores v. Ashcroft the Seventh Circuit held that a respondent
convicted under the Indiana Battery statute was not deportable for a
crime involving domestic violence because there was not a substantial
risk that the offense involved the use of force. November 26, 2003,
2003 U.S. App. LEXIS 24051
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standard suggestion for any citizenship applicant with a criminal issue is to seek legal advice.
 
Johny2008 said:
Good responses. Read website quot above, I know I am gonna be OK. Also, I was charged domestic battery misdemeanor. According to the previous immigration cases, I am OK. I am a very law biding person. Have no any other criminal history.

See this:In Flores v. Ashcroft the Seventh Circuit held that a respondent convicted under the Indiana Battery statute was not deportable for a crime involving domestic violence because there was not a substantial risk that the offense involved the use of force. November 26, 2003, 2003 U.S. App. LEXIS 24051
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You don't know what are all the court cases and legislation changes since 2003. This is a serious matter and you are risking deportation. See a lawyer, and consider bringing them to the interview ... the interviewer might not be aware of the above precedent (and won't believe it coming from you), and may deny your case even if they were rightfully supposed to approve it, thus forcing you to spend a load of money to appeal.
 
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Thank you for your replies. Precedent cases always prevail. DV cases are so common that they should know about it. Anyway, I will take your advice, and bring a lawyer with me. Thank you.
 
Order of Protection

Hi Johny2008,

I applied late September of 07 from NYC. I had my interview mid April of 08. Time depends on DO and SC. Anyhow I also am in the same boat as you are. I was arrested for Domestic Violence in 2002. The case was adjourned and later dismissed. I wasn't put in a conversion program or required to take anger management course. I disclosed this in my N-400 application. For the past 10 years I've been in a bad marriage and am finally getting a divorce. In the past 5 years my wife has 2 orders of protection against me and I have two orders of protections against her. None of them are current. My IO, during the interview recommended me for approval. About 3 weeks after the interview I received a letter from the USCIS stating that I have an OP against at this time and need to provide documents in 15 days or my case will be denied. I got certified copies from the family court and handed to them the next day. The IO said that I may be denied as it happened in the last five years. I'm praying and hoping that I shouldn't be denied. I just thought that I'd share this with you as your case appears to be similar. Good luck.
 
scoomara said:
Hi Johny2008,

I applied late September of 07 from NYC. I had my interview mid April of 08. Time depends on DO and SC. Anyhow I also am in the same boat as you are. I was arrested for Domestic Violence in 2002. The case was adjourned and later dismissed. I wasn't put in a conversion program or required to take anger management course. I disclosed this in my N-400 application. For the past 10 years I've been in a bad marriage and am finally getting a divorce. In the past 5 years my wife has 2 orders of protection against me and I have two orders of protections against her. None of them are current. My IO, during the interview recommended me for approval. About 3 weeks after the interview I received a letter from the USCIS stating that I have an OP against at this time and need to provide documents in 15 days or my case will be denied. I got certified copies from the family court and handed to them the next day. The IO said that I may be denied as it happened in the last five years. I'm praying and hoping that I shouldn't be denied. I just thought that I'd share this with you as your case appears to be similar. Good luck.
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Thank you for your reply. very helpful info. Again, with only one DV conversion more than 5 yrs ago, no other legal history. I think I should be OK. Feel sorry for your marriage. My marriage is OK. I just need to wash more dishes and talk sweet. Thanks again.
 
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