Domestic Violence conviction and Divorce. Can I still remove my Green Card conditions for a 10 year GC?

[Mitzey 2]

Hi. So long story short. I moved to California from the UK, after my ex-wife had told me she was pregnant from my previous visit. We had been seeing each other long distance over the years. So I adjusted status through marriage to her (US Citizen). I have my conditional permanent residency green card. It expires in DEC 2018.

 

My wife and I ran into problems with our marriage after the first year. She drank a lot, and threw her phone at me and punched me in the face when I was holding our 1 year old daughter. So I called the police. As the police were arriving, my wife hit herself in the face as she didn't want to be arrested and taken away from our daughter, as she had already been arrested for domestic violence and cruelty to a child in the past. Bare in mind, I'd never been arrested for anything before. The police only took her side and arrested me. I spent 3 days in LA Jail, the public defender managed to bring the charge down from spousal abuse(felony) to domestic violence(misdemeanor). I couldn't afford an attorney at the time. I was basically advised to take the plea deal of no contest because if I had pled not guilty and was found guilty, my public defender said I could of been placed into removal proceedings there and then.

 

Now skip forward a couple of months, my wife and I were back together, trying to work things out. I have multiple screenshots of texts from her apologising for hitting me, and hitting herself and acknowledging that I'd never physically abused her. Things didn't work out and she ended up filing for divorce and a restraining order. The divorce hearing is tomorrow. I didn't contest it. I just want visitation of my daughter and that's it. My ex wife caused me nothing but hurt and misery, to the point I even stayed in a Domestic Violence shelter for months because of her abuse. 

 

I'm just looking for any advice, or anyone to share their success stories(if any), where people have gotten divorced while they're still on their conditional green card, have a DV conviction, and have still managed to have the conditions removed and been granted a 10 year green card. I'm trying to save up money right now for an immigration attorney for when the 90 day expiry period comes up to renew. But is it even worth paying out all the money for an attorney and the fees, if it's just going to be a firm NO from USCIS. Is there literally any hope? My biggest fear is having to go back to the UK and not be able to see my daughter grow up, and her not to have her father in her life. Also once you file to have the conditions of your green card removed, how long does it take for them to approve or deny? And do you get some kind of extension on your green card while it's been reviewed? Thank you

Edited October 19, 2017 by Mitzey

[KULtoATL 1,551]

Not sure about success in ROC with a DV record. However, under normal circumstances, a divorced  conditional GC holder can file ROC with a divorce waiver.

 

While your ROC is pending, you'll get an extension letter. When the extension letter is almost expiring and you still haven't received your 10-year GC, you can make an infopass appointment at your local field office to get the I-551 stamp.

 

Good luck and sorry to hear about your situation.

[Mitzey 2]

 

4 minutes ago, KULtoATL said:

Not sure about success in ROC with a DV record. However, under normal circumstances, a divorced  conditional GC holder can file ROC with a divorce waiver.

 

While your ROC is pending, you'll get an extension letter. When the extension letter is almost expiring and you still haven't received your 10-year GC, you can make an infopass appointment at your local field office to get the I-551 stamp.

 

Good luck and sorry to hear about your situation.

Thank you for your quick response. What does the I-551 stamp entail? Is that just so I can leave the country and return without a green card?

[Going through 5,668]

6 minutes ago, Mitzey said:

 

Thank you for your quick response. What does the I-551 stamp entail? Is that just so I can leave the country and return without a green card?

The stamp is proof of your status once your green card expires, and allows you to travel outside of the country for short vacations only while your current ROC application is pending.   

 

Since you have criminal charges, you will need the court-certified disposition for your case as well as any proof of probation served, etc.  USCIS will require these documents to be submitted with your ROC application.

Edited October 19, 2017 by Going through

[Mitzey 2]

3 minutes ago, Going through said:

The stamp is proof of your status once your green card expires, and allows you to travel outside of the country for short vacations only while your current ROC application is pending.   

 

Since you have criminal charges, you will need the court-certified disposition for your case as well as any proof of probation served, etc.  USCIS will require these documents to be submitted with your ROC application.

I see. Thank you for your response and your help. I doubt I will leave the country while my case is being reviewed. As much as I'd love to go to the UK and see my friends and family. I'd be concerned about not being allowed back in on my return because of the conviction. Or will I still be let in regardless of the conviction because I have the stamp? 

 

So once my ROC application has been filed for review. Realistically, I'll still have another year to stay in the country?

[Going through 5,668]

38 minutes ago, Mitzey said:

I see. Thank you for your response and your help. I doubt I will leave the country while my case is being reviewed. As much as I'd love to go to the UK and see my friends and family. I'd be concerned about not being allowed back in on my return because of the conviction. Or will I still be let in regardless of the conviction because I have the stamp? 

 

So once my ROC application has been filed for review. Realistically, I'll still have another year to stay in the country?

The only ones guaranteed entry into the US are US citizens.  Even green card holders do not have this right, and can be denied entry.  Now that being said, the chances of you being denied entry because of the prior DV charge is slim, but again it's all up to the port of entry officer whether they admit you or not for any reason they feel justified.

 

Once your ROC is filed, and is pending a decision, yes you are allowed to remain in the US.

[Mitzey 2]

Does anyone have any comments regarding getting approved or denied with the DV conviction?

[Mitzey 2]

2 minutes ago, CookieCat said:

There is a question in the I-751 form that asks "Have you ever been arrested, detained, charged..." which you will have to answer yes and there's no way getting around it. As @Going through indicated, you will need a court-certified disposition for your criminal charges without which USCIS will not approve your case. They may either keep it pending for a long time and ask for the disposition in the form of an RFE and/or interview, or deny you once they get to your case. Currently regular ROCs are taking a year and bit longer. Honestly with a child in the equation, your best bet is to seek an immigration attorney. I feel your situation is beyond the scope of a DIY site. Yes, immigration attorneys are not cheap so if you're strapped for cash, look for pro bono ones. Until all this is resolved, I would strongly urge you NOT to travel internationally. Sending positive vibes your way.

Thank you for your response. Really appreciate it. Of course I would disclose and inform USCIS of my criminal charge, as I know it will all come up in my background check at the biometrics appointment. Everywhere I look I just seem to get the same result, that it will just be denied. So I don't know if I should waste my time and money, and just go home to England, but I want to fight and stay for my daughter. But if it's completely hopeless, I just don't know. I just want some kind of hope, or someone's success story, that they had gone through something similar and still been granted their 10 year green card, even after a wrongful DV conviction. Can't seem to find any success story like this anywhere online. 

[Nitas_man 3,100]

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html#0-0-0-246

 

Unfortunately domestic violence is specifically listed In INA 237 as a deportable offense.  It's between espionage/sabotage/treason and trafficking.

 

There is a slim chance of a waiver if you can prove that you were the victim of battering in the relationship.  It's down at the bottom.

 

So you definitely need to consult with an attorney on this one. 

[mindthegap 2,521]

FYI: You can file a waiver I-751 at any time between the issuance of your permanent residence and a final order of removal - it does not have to be in the 90 day period preceding the 2nd anniversary like a jointly filed I-751.

 

As for whether you should travel, you are in a significantly better position fighting this from inside the US, as opposed to outside, although if you were to travel and encounter issues being readmitted, remember that a LPR - or those claiming to be - do have the right to a hearing with an immigration judge, who is the only one that can strip someones LPR status.

Edited October 19, 2017 by mindthegap

[sparkles_ 456]

I have no details on how, only that a friend of mine's spouse did ROC a few years back with a misdemeanor DV charge, and naturalized a few years after that. They reconciled as well after the incident (only he really did strike her) and divorced in the end. So it can be done. 

 

 

I know zero about criminal issues so someone else chime in and tell us if this is possible. Can't the wife get in trouble for lying about the violence? Can she not have something brought against her by the husband with the info he now has, that proves she lied?? 

[mhis82 11]

I have been in very similar situation. It could have been worst if Hilary won this election. 

Anyway, First step to find out is if your crime make you inadmissible, or Deportable even its misdemeanor. If its not CIMT then you dont need to worry about it much. If its a CIMT you have chance but get ready to spend load of money.

I need to know when did u entered US, When this crime happened, and the language of crime you been convicted of?  Mean your sentence is how long? did u had to do Anger management classes etc?

 

[Mitzey 2]

Just now, mhis82 said:

I have been in very similar situation. It could have been worst if Hilary won this election. 

Anyway, First step to find out is if your crime make you inadmissible, or Deportable even its misdemeanor. If its not CIMT then you dont need to worry about it much. If its a CIMT you have chance but get ready to spend load of money.

I need to know when did u entered US, When this crime happened, and the language of crime you been convicted of?  Mean your sentence is how long? did u had to do Anger management classes etc?

 

I entered in January 2016. I'll try find the penal codes for the charge. The crime happened in around May 2017. I was sentenced to jail for 8 days, served 4 days. 52 weeks Batter's Intervention Program. 3 Years Informal Probation. Hope this helps

[mhis82 11]

Bro, first of to tell you, i am not attorney, or legal representative. I am someone who been there and done that ok keep in your mind. But one thing i am educated and search alot about this DV thing. So i might be benefit you in someway. 

Your said DV Mis, that doesnt explain much your sentense has to be 12 months. do you have the penal code number?

 

 

[Mitzey 2]

4 minutes ago, mhis82 said:

Bro, first of to tell you, i am not attorney, or legal representative. I am someone who been there and done that ok keep in your mind. But one thing i am educated and search alot about this DV thing. So i might be benefit you in someway. 

Your said DV Mis, that doesnt explain much your sentense has to be 12 months. do you have the penal code number?

 

 

I believe it's 136.2(i)