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Will aggravated assault charged on spouse affeect our GC process?
- Thread starter a_reddy
- Start date
WorryForGC
Registered Users (C)
sure if he has been charged with felony, get the charges dismissed first,
a_reddy said:My husband is charged with aggravated assault. I am the victim! I am on EAd now. I am the main applicant. Will the charges on my husband affect our GC process? Please guide me!
Thanks,
A Reddy
poongunranar
Registered Users (C)
It depends.
Please provide more information. Depending upon the case, he may have a problem, but you should not be having a problem with your GC because you are the primary beneficiary.
a_reddy said:My husband is charged with aggravated assault. I am the victim! I am on EAd now. I am the main applicant. Will the charges on my husband affect our GC process? Please guide me!
Thanks,
A Reddy
Please provide more information. Depending upon the case, he may have a problem, but you should not be having a problem with your GC because you are the primary beneficiary.
- My guess is that this was a Domestic Violence ( DV ) case.
- Which State do you belong to? I mean, at what State did this offense take place?
- Was there an arrest?
- Did your husband plead No-Contest or was he convicted after trial?
- Did you call the cops?
- Is DV a misdemeanor or a felony in your state?
I thought my husband took poison. So, I called cops. Cops have asked me what has happened on that day. I have informed them all the stuff that has happened. He is charged with 2 charges of aggravated assault and false imprisonment. My husband was arrested and kept in jail. They didn't let me take the charges back, as it is a state case now. I had no idea that it would lead to such a mess. We live in Georgia. My husband is on bond now and is waiting for the court date. We are on EAD now. We did our finger prints in June of last year. Please let me know, if there is anything I can do to dismiss the charges. We have a lawyer. He says we can't say anything!
So, who is the immigrant here ? First you say "I'm on EAD" then you say "We're on EAD".
If you're the immigrant and he's the LPR/USC your I-485 is not effected at all, as far as I know.
Furthermore and probably much more important, if you're the battered victim, you don't even need to be married to that moron anymore just to get the GC.
See here :
http://uscis.gov/graphics/howdoi/battered.htm
If you're the immigrant and he's the LPR/USC your I-485 is not effected at all, as far as I know.
Furthermore and probably much more important, if you're the battered victim, you don't even need to be married to that moron anymore just to get the GC.
See here :
http://uscis.gov/graphics/howdoi/battered.htm
We are on EAD. I am the primary applicant of GC. I was on H1B and my husband on H4. After completing 6 years on my H1, I have started using my EAD. I am not married to him for the sake of GC. I am married to him because I believe in my marriage. I am confident people change with time and circumstances....so I believe my husband will also change....which he is!
poongunranar
Registered Users (C)
A_reddy
I respect your right to privacy. However, I am not able to get a deeper look at why your husband would have been charged with "2 counts of aggravated assault." What is more intriguing is that you say he was put to "false imprisonment" by the cops? Well, whatever it is, from whatever I am able to gather from you, it seems like your husband's offenses are felony offenses.
Especially, if you are in Georgia, DV is not a misdemeanor, but a felony. Now, there are lots of contradictions when it comes to "consequences." At times, USCIS has denied petitions and placed on removal proceedings those who are convicted of aggravated felonies, if the "element of guilt" was proven by either the immigrant declaring "no-contest" or was convicted in trial that he was guilty of the crimes he is accused of. This is a radical interpretation of law, championed by none other than certain District Offices, especially Atlanta District Office. However, at many other instances, until the immigrant got a prison time sentence of less than 365 days, he never suffered any immigration consequences. So, we do have examples for both types -- one is very narrow and rigid interpretation of "aggravated felony for immigration purposes" and the other is more of a liberal interpretation where the actual prison time sentence plays a critical role.
Yes, you cannot do anything here. This is a NOT a civil case. It is a CRIMINAL case. The problems you and your husband had may have started to be a civil affair. But, once you escalated the issue to invite the State (by calling the cops) it is not a civil case anymore. If there is prima facie evidence that a crime was perpetrated, then it is the prerogative of the state to go ahead and prosecute your husband. There is no question of you dropping the charges, because the State doesn't care about your stance anymore. Remember, it is NOT you prosecuting the case against your husband.
Put simply, this case is not
A_Reddy V. Mr. Reddy
rather, it is
State of Georgia V. Mr. Reddy
Therefore, you can only try to get the charges dismissed by striking a deal with the Prosecutor (District Attorney).
Your GC prospects are not under peril. However, your husband's may be. You need to wait and watch. Remember, your husband is not safe with a plea of no-contest, because in that instance he accepts to the crime that he is accused of. Usually, Criminal Attorneys, without even realizing the grave stakes an immigrant has on a case suggest this as a short-cut to earn a fat purse from you for a lesser sentence. While this kind of plea-bargain strategy may work for US Citizens, it is altogether a different terrain for immigrants, for whom this may be pretty disastrous. A plea of "no-contest" for simpler sentence or no jail time is enough, as per Immigration Law, for USCIS to initiate removal proceedings, if it chooses to. Actual prison time doesn't matter for felony offenses.
a_reddy said:I thought my husband took poison. So, I called cops. Cops have asked me what has happened on that day. I have informed them all the stuff that has happened. He is charged with 2 charges of aggravated assault and false imprisonment. My husband was arrested and kept in jail. They didn't let me take the charges back, as it is a state case now. I had no idea that it would lead to such a mess. We live in Georgia. My husband is on bond now and is waiting for the court date. We are on EAD now. We did our finger prints in June of last year. Please let me know, if there is anything I can do to dismiss the charges. We have a lawyer. He says we can't say anything!
I respect your right to privacy. However, I am not able to get a deeper look at why your husband would have been charged with "2 counts of aggravated assault." What is more intriguing is that you say he was put to "false imprisonment" by the cops? Well, whatever it is, from whatever I am able to gather from you, it seems like your husband's offenses are felony offenses.
Especially, if you are in Georgia, DV is not a misdemeanor, but a felony. Now, there are lots of contradictions when it comes to "consequences." At times, USCIS has denied petitions and placed on removal proceedings those who are convicted of aggravated felonies, if the "element of guilt" was proven by either the immigrant declaring "no-contest" or was convicted in trial that he was guilty of the crimes he is accused of. This is a radical interpretation of law, championed by none other than certain District Offices, especially Atlanta District Office. However, at many other instances, until the immigrant got a prison time sentence of less than 365 days, he never suffered any immigration consequences. So, we do have examples for both types -- one is very narrow and rigid interpretation of "aggravated felony for immigration purposes" and the other is more of a liberal interpretation where the actual prison time sentence plays a critical role.
Yes, you cannot do anything here. This is a NOT a civil case. It is a CRIMINAL case. The problems you and your husband had may have started to be a civil affair. But, once you escalated the issue to invite the State (by calling the cops) it is not a civil case anymore. If there is prima facie evidence that a crime was perpetrated, then it is the prerogative of the state to go ahead and prosecute your husband. There is no question of you dropping the charges, because the State doesn't care about your stance anymore. Remember, it is NOT you prosecuting the case against your husband.
Put simply, this case is not
A_Reddy V. Mr. Reddy
rather, it is
State of Georgia V. Mr. Reddy
Therefore, you can only try to get the charges dismissed by striking a deal with the Prosecutor (District Attorney).
Your GC prospects are not under peril. However, your husband's may be. You need to wait and watch. Remember, your husband is not safe with a plea of no-contest, because in that instance he accepts to the crime that he is accused of. Usually, Criminal Attorneys, without even realizing the grave stakes an immigrant has on a case suggest this as a short-cut to earn a fat purse from you for a lesser sentence. While this kind of plea-bargain strategy may work for US Citizens, it is altogether a different terrain for immigrants, for whom this may be pretty disastrous. A plea of "no-contest" for simpler sentence or no jail time is enough, as per Immigration Law, for USCIS to initiate removal proceedings, if it chooses to. Actual prison time doesn't matter for felony offenses.
Last edited by a moderator:
poongunranar
Registered Users (C)
Kudos, A_REDDY
I appreciate your strong conviction regarding marriage. Kudos.
a_reddy said:We are on EAD. I am the primary applicant of GC. I was on H1B and my husband on H4. After completing 6 years on my H1, I have started using my EAD. I am not married to him for the sake of GC. I am married to him because I believe in my marriage. I am confident people change with time and circumstances....so I believe my husband will also change....which he is!
I appreciate your strong conviction regarding marriage. Kudos.
If you do not show up in the court to testify against your husband then chances of him getting prosecuted are very slim and the state has no other option but to drop charges.
Again like others suggested above make sure your husband do not plead guilty or no contest even if your lawyer says that he will only get community service etc.
Again like others suggested above make sure your husband do not plead guilty or no contest even if your lawyer says that he will only get community service etc.
poongunranar
Registered Users (C)
CAUTION: Not appearing in court may have consequences!
Well, it is not that easy. If it were to be, witnesses can easily be bought for a price. It depends. If the DA pursues the case vigorously for whatever reason, then he can press the court to subpoena the witness to attend, failing which it would tantamount to contempt of court. That would now jeopardize A_REDDY herself.
This is not a traffic offense of speeding where failure to show up by the cop results in dismissal of the suit. As I said, it all depends on the DA and for whatever reason (remember, we in this forum, still don't know entirely, what the offenses are and why the state is moving forward).
The only solution, which would not jeopardize the victim, i.e.A_REDDY, would be to negotiate with the DA to get the case handled smoothly. Mere failure to show-up may have adverse consequences. It is not as easy as failing to just show-up hoping everything would be hunky-dory.
My two cents!
AtlGC_Guy said:If you do not show up in the court to testify against your husband then chances of him getting prosecuted are very slim and the state has no other option but to drop charges.
Well, it is not that easy. If it were to be, witnesses can easily be bought for a price. It depends. If the DA pursues the case vigorously for whatever reason, then he can press the court to subpoena the witness to attend, failing which it would tantamount to contempt of court. That would now jeopardize A_REDDY herself.
This is not a traffic offense of speeding where failure to show up by the cop results in dismissal of the suit. As I said, it all depends on the DA and for whatever reason (remember, we in this forum, still don't know entirely, what the offenses are and why the state is moving forward).
The only solution, which would not jeopardize the victim, i.e.A_REDDY, would be to negotiate with the DA to get the case handled smoothly. Mere failure to show-up may have adverse consequences. It is not as easy as failing to just show-up hoping everything would be hunky-dory.
My two cents!
WorryForGC
Registered Users (C)
simple solution, first of all hire criminal atty, their charge upto 1K, preferably practicing immigration, file a no witness with DA, then DA will drop the case or reduce to some petty..
WorryForGC
Registered Users (C)
Solution:Return back to your country this will haunt you for rest of life here.
agree, I am a victim of the same already by my spouse and it is going to haunt the rest of my life at least in US, though my PD is current and expect GC any time but have a strong temptation to leave and go back
agree, I am a victim of the same already by my spouse and it is going to haunt the rest of my life at least in US, though my PD is current and expect GC any time but have a strong temptation to leave and go back
poongunranar
Registered Users (C)
Not really!
There are various factors that will determine the outcome, especially a denial and placement in removal proceedings. If there wasn't ANY other CIMT (Crime Involving Moral Turpitude), or if there weren't any "Aggravated Felony for Immigration Purposes" committed by the alien, there should be some grounds for hope. This forum has seen folks arrested on DUI/DWI/DV, even as their cases were prosecuted in a criminal court of law.
WorryForGC said:agree, I am a victim of the same already by my spouse and it is going to haunt the rest of my life at least in US, though my PD is current and expect GC any time but have a strong temptation to leave and go back
There are various factors that will determine the outcome, especially a denial and placement in removal proceedings. If there wasn't ANY other CIMT (Crime Involving Moral Turpitude), or if there weren't any "Aggravated Felony for Immigration Purposes" committed by the alien, there should be some grounds for hope. This forum has seen folks arrested on DUI/DWI/DV, even as their cases were prosecuted in a criminal court of law.
WorryForGC
Registered Users (C)
no case was dropped just that damn scene of getting arrested, brings in hard feelings
and the thought that it may plague anywhere I go from employment to trips outside
and the thought that it may plague anywhere I go from employment to trips outside
poongunranar said:There are various factors that will determine the outcome, especially a denial and placement in removal proceedings. If there wasn't ANY other CIMT (Crime Involving Moral Turpitude), or if there weren't any "Aggravated Felony for Immigration Purposes" committed by the alien, there should be some grounds for hope. This forum has seen folks arrested on DUI/DWI/DV, even as their cases were prosecuted in a criminal court of law.
poongunranar
Registered Users (C)
I agree....
Yeah, I was purely commenting from the angle of "approval prospects," whereas you are commenting from the stigmatic angle of being arrested. I agree. It is very painful to be pointed about that episode or made to account for that arrest that will regurgitate unwanted and unpleasant memories. It will be a very long healing process and if for any reason the arrest was due to the spouse and both the spouses had since then reconciled, it would be better for them and their lives to start everything afresh in a different country where they won't be reminded of "that day when he or she got arrested."
WorryForGC said:and the thought that it may plague anywhere I go from employment to trips outside
Yeah, I was purely commenting from the angle of "approval prospects," whereas you are commenting from the stigmatic angle of being arrested. I agree. It is very painful to be pointed about that episode or made to account for that arrest that will regurgitate unwanted and unpleasant memories. It will be a very long healing process and if for any reason the arrest was due to the spouse and both the spouses had since then reconciled, it would be better for them and their lives to start everything afresh in a different country where they won't be reminded of "that day when he or she got arrested."
WorryForGC
Registered Users (C)
exactly, told my spouse let's go back to India, she refused
and would like to live here alone with the kids, so frustrating, though god gave some lessons that her GC got delayed due to retro and now she depends on mine. any way everyone's luck. I got her here and now living in America is more dear to her, what a pity...will see my dates are current now, lets see if I don't get approval by April/May, will pack off...
and would like to live here alone with the kids, so frustrating, though god gave some lessons that her GC got delayed due to retro and now she depends on mine. any way everyone's luck. I got her here and now living in America is more dear to her, what a pity...will see my dates are current now, lets see if I don't get approval by April/May, will pack off...
poongunranar said:Yeah, I was purely commenting from the angle of "approval prospects," whereas you are commenting from the stigmatic angle of being arrested. I agree. It is very painful to be pointed about that episode or made to account for that arrest that will regurgitate unwanted and unpleasant memories. It will be a very long healing process and if for any reason the arrest was due to the spouse and both the spouses had since then reconciled, it would be better for them and their lives to start everything afresh in a different country where they won't be reminded of "that day when he or she got arrested."
poongunranar
Registered Users (C)
Very many spouses are like that...
It is very frustrating to see very many spouses preferring GCs to their spousal lives! In this very forum, I have seen many cases where one of the spouses sent divorce papers as soon as they got their GCs approved! Especially for those who got EB approvals, the GC approval is unconditional. So, they don't need to worry about divorce after they get theirs approved. From what you are saying, I am afraid I am seeing such a possibility in your case. If your spouse would rather prefer to stay here single with the kids, what does that mean?
As I said in my previous post, if the arrest happened because of one spouse calling the cops, it would be better for both of them to pack and go to any other country where they can start afresh. Everytime they are asked about the arrest here in the US, that would hurt the victim spouse as well as the complainant spouse of that sordid episode that has created havoc in their lives. So, if the spouses wanted to firm up on their married life, they need to do what is good for BOTH. Again, if both of them are courageous and are happy-go-lucky types, they can set those things aside and continue to live together here, not paying much attention to the fact that one of them got arrested. But, BOTH must be able to prefer if they want to stay here or pack and go. Even if ONE of them says, "I only love to live here," then this to me is one of the clearest sign of an impending divorce. Again, it is my personal opinion and I have seen quite a number of folks shocked to be presented with divorce papers as soon as the plastic-card arrives by mail.
WorryForGC said:and would like to live here alone with the kids, so frustrating, though god gave some lessons that her GC got delayed due to retro and now she depends on mine. any way everyone's luck. I got her here and now living in America is more dear to her, what a pity...will see my dates are current now, lets see if I don't get approval by April/May, will pack off...
It is very frustrating to see very many spouses preferring GCs to their spousal lives! In this very forum, I have seen many cases where one of the spouses sent divorce papers as soon as they got their GCs approved! Especially for those who got EB approvals, the GC approval is unconditional. So, they don't need to worry about divorce after they get theirs approved. From what you are saying, I am afraid I am seeing such a possibility in your case. If your spouse would rather prefer to stay here single with the kids, what does that mean?
As I said in my previous post, if the arrest happened because of one spouse calling the cops, it would be better for both of them to pack and go to any other country where they can start afresh. Everytime they are asked about the arrest here in the US, that would hurt the victim spouse as well as the complainant spouse of that sordid episode that has created havoc in their lives. So, if the spouses wanted to firm up on their married life, they need to do what is good for BOTH. Again, if both of them are courageous and are happy-go-lucky types, they can set those things aside and continue to live together here, not paying much attention to the fact that one of them got arrested. But, BOTH must be able to prefer if they want to stay here or pack and go. Even if ONE of them says, "I only love to live here," then this to me is one of the clearest sign of an impending divorce. Again, it is my personal opinion and I have seen quite a number of folks shocked to be presented with divorce papers as soon as the plastic-card arrives by mail.
poongunranar
Registered Users (C)
Good luck, A_REDDY
Anyway, wish you both the very best of luck. As I always say, there is enough hope for your cases. Take it easy and decide what is best for your lives, not for your I-485s.
Kindly note that my previous comment was very specific to WorryForGC. Every case is different. It is pretty ironic that you and WorryForGC are having a stance (to go back to your home country) that is in stark contrast to that of your spouses (to stay back here for GC).a_reddy said:Thanks a lot! In this case, my husband is not ready to go back to India. After this incident I have no interest in staying in this country. I am not worried about GC...I am worried about the case. Let's see what god has for me.
Thanks,
AReddy
Anyway, wish you both the very best of luck. As I always say, there is enough hope for your cases. Take it easy and decide what is best for your lives, not for your I-485s.