remove the conditions on green card-got arrest record.

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kellyhuang

New Member
hi,I am a 27 yrs old women,what happen is I need to file the I751 from for remove the conditions on my green card.(I holding the 2 yrs green card now)

few days before, I had a argue with my husband,I called the police and told them I slapped his face and I got arrested and put me in jail for 12 hrs. and after that my husband bail me out. They charge me for Domestic Battery,misdemeanort and gave me a court day for arraignment. But before I went to the arraignment, the DA decided to dismissed my charge because the police record is on my side and I slapped him because he was harass me,(which is true) so I dont even need to go to the court at all. I am sure I got the arrest record now,but now sure if I got any else like being charge history or any other court record even I never been there.

But now am worry about my green card conditions removal in the following year.and got some questions below

1)Will I get in any trouble when I fill the from I751 and what will hapeen?
2)Do I need to find a attorney before I fill the I751?
3)If I wanna go travel out of US now,what will happen when I come back? Will get deport????

If anyone can share any information with me, I'll be appreciated.
 
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kellyhuang said:
hi,I am a 27 yrs old women,what happen is I need to file the I751 from for remove the conditions on my green card.(I holding the 2 yrs green card now)

few days before, I had a argue with my husband,I called the police and told them I slapped his face and I got arrested and put me in jail for 12 hrs. and after that my husband bail me out. They charge me for Domestic Battery,misdemeanort and gave me a court day for arraignment. But before I went to the arraignment, the DA decided to dismissed my charge because the police record is on my side and I slapped him because he was harass me,(which is true) so I dont even need to go to the court at all. I am sure I got the arrest record now,but now sure if I got any else like being charge history or any other court record even I never been there.

But now am worry about my green card conditions removal in the following year.and got some questions below

1)Will I get in any trouble when I fill the from I751 and what will hapeen?
2)Do I need to find a attorney before I fill the I751?
3)If I wanna go travel out of US now,what will happen when I come back? Will get deport????

If anyone can share any information with me, I'll be appreciated.
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In future, when you argue with your husband, put your hands in cuffs... Answers to you questions. In Part 3 of the form, this will be the question:

Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordianance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad? Your answer: YES Go to your local court house, request the court record pertaining to this incident. You need a dismissal record and the reason the prosecutor dismissed your case in the first place. You will need to send this information along with the application to remove conditions. Failure to disclose this information will have far more serious consequence than disclosing it. You were never convicted of anything, except charged with violating a law.

2. If you can afford an attorney, do a client consultation with a reputable one. However, with your arrest and court records, I would suspect that you will be fine. However, you have to do what gives you a sense of peace.

3. You can travel to overseas, I don't see any reason why you should not. Yes, an arrest record doesn't help any LPR, but you were never convicted of any crime. If you were convicted, then I would worry about going overseas until I became a USC.

When are you supposed to file?
 
Al Southner,thank you for reply me so soon.
the prosecutor will send me a dismissal paper today,I suppose to get it at the end of this week. So I need to ask my prosecutor to write a letter about the reason why the case is dismissed? I think that will help alot when the DHS saw this letter if my prosecutor willing to do this for us.

2, I never convicted to any crime except admitted to the police that I slapped my husband.so I got arrested and stay in jail for 12 hours.
question is, I heard some say if I come back from other country, I might be get take to the other room and interrogation.

3.I suppose to file it next year before september.

thank you very much for your help,I should study a little bit law before I call the police, cuz in my country you wont get arrest until you got pursue charge by others
 
Consider these issues:

The prosecutor is NOT required to write a letter explaining the reasons for dismissal. When the prosecutor filed a motion to dismiss the case, he/she needs to disclose the reasons for asking the court NOT to hear the matter anymore. So, I doubt very much if the prosecutor is going to be willing to write this letter, because he already has a public record filing = motion to dismiss the case. The motion to dismiss is sufficient proof that you were never convicted of anything improper. However, perception cannot be changed by any court of law, that is for the public's opinion.:eek:

Slapping your husband is a crime. However, you caught a lucky break, you were never convicted of anything. I don't see the need for CBP to detain you over this issue, if you had a misdemeanor or felony convictions, then border patrol agents might decide to detain you for quesitioning. I see no reason for them to harass you over this issue. I would travel with all my court recorda if that would offer you some protection. Remember this, if you are detained, you have a right to a phone call. So, let us assume you are detained by border patrol agents, you can ask to call your husband for vouch for you pertaining to this case and show your court records.:cool:

Are you filing THIS September or September 2010? It is always a good idea to learn the laws of the country of your residence, in the US what is considered a small crime in other countries might turn out to be a big thing. No need to slap your husband again, not now or even after you became a citizen. If you are mad at him, just sleep with him, he will leave you alone...:D No need to even yell at people due to road rage, I know of a case where someone called the police and embelished the incident by claiming the other driver yelled and brandished a weapon. When the officers caught up with the other driver, no gun was found but a report was written on the incident. So, be on your best behavior at all times, you will never know what is lurking...:)
 
yes,I totally got what you said.I've learn a big lesson in my life because of this. I will never land a hand on anybody anymore.and we're going to take a couple counselling together and anger management at the same time.cuz we both dont wanna see this happen again.I realized America is a country which is very strict about the law,most of the time women think a bitch slap is not a big deal. But it turns out is a crime.what just happened scared both of us.
It's a wake up call for me and my husband.we both need to learn and grow up.As my husband said,I am a little spoil girl from a over protected parents.Since I left my family and came to US,I really need to grow up and understand the law here.

I will bring all my paper work with me when I leave the country,just in case anything happen.I dont know what will write on the court dismissed paper yet.but I suppose to file the I751 at Sep,2010.so,good luck for me.
 
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