Guys need help.
I am july filler. Have permit to work and case is in CBC. Checking mail box every day for envelope with interview day.
Here is a problem. Me and my hubby had fight 2 weeks ago. I didnt let him out and yelled and scratch his neck. He called police. They arrived , listened to him and took me to jail! Didnt tell me my rights or anything , just took me to the car and to jail overnight. Next day my husband arrived with my doughter and talk with judge. They let me go but i have court date next month! Domestic violence and harassment.
I am not guilty yet..but still- how INS will look at it. Should i plaid guilty and take less consequences and have it in records for 24 months or fight in court?
My hubby didnt realize they will take me to jail and how that will affect my green card and my CV. (background check)
If anybody know any similar case? What should I do? Thanks for any help!

I would recommend you seek legal advise. I could only speculate on what the USCIS will do and that probably isn't the best thing to do. Good luck

Same here, seek legal advice!

MEss! WE will call around but have no clue about good INS law people in Colorado

What kind of case and what is CBC?

Domestic violence charges case . My green card is by marriage ( we are married for 1,5 year with 10 months old baby girl) and case is is california center. Kind of cant believe they can turn me down. I dont have it in my papers yet but I need to tell officer about case because it will come up when I will apply for 10 years green card.
Just looking for someone who got green card even they have "dirt" in they past...

I mean what kind of case is pending with USCIS?

California Service Center is CSC, not CBC

Are you removing conditions on your green card?

INS law people? I have no idea what your husband told the judge, or if the judge saw the scratches, but why not plead not guilty and have your husband refuse to testify. Possibly, the court may dismiss the charge. If not, then find any lawyer to represent you.

Colorado law.... My husband wanted to take everything back right away when he saw cap taking me. They said that Colorado law made them decide. He wont testify against me. DA wants me to plead guilty and they will give me 36 weeks of some classes plus it will stay in my record for 2 years. I cant do it! Dont have 2 years to mess around- just got my permit to work- time to start looking for something serious (not with harassment and DV charges in records
DO you guys know if cap is required to tell me my rights when they are taking me away? They didnt bother to do it.

Yes, he is required but it is his word against yours. As I already stated, I don't know if the judge saw the scratches or not but if you want to fight this you need a lawyer and plead not guilty. This is a typical he said, she said case, but if the judge saw the scratches you may have a problem. Also I'm not sure who you harrassed, your husband or the cop. I don't know how this plays out with immigration, possibly pushbrk can advise you there.

I know caps saw his scraches but not judge. i harassed my husband by standing on the doorway and he couldnt go out.

and yes thats he said she said case - you are right. we will start calling around today. I wish case will get dismissed because non of them- caps told me what rights I have. we will see. Thanks again for advises. will keep updated for someone who needs it in the future.

You are asking about how this may impact your case with USCIS. Please tell us what kind of case is now pending. Is it your adjustment of status or removal of conditions?

My AOS ...sorry-thought i mentioned that already

My AOS ...sorry-thought i mentioned that already

My AOS ...sorry-thought i mentioned that already

Guys is that true that if case is in CSC means that they wont interview us?

It is generally true that AOS cases transferred to CSC are approved without interview.

No, you hadn't. You had mentioned "my green card" as if you already had one. If you are now filing for AOS, you'll probably get the conditional green card without this criminal complaint having impact.

Depending on the outcome, however, you could have problems removing conditions. I would definitely consult a criminal attorney who also understands immigration law or have your current attorney consult an immigration attorney to see how your current arrest could impact removal of conditions.

I just can't see you being denied permanent residence because of a minor domestic disturbance but it IS possible.

In the meantime, calm down. Another call to the police by your husband would be really bad for you.

Pushbrk I got my lesson.
We will talk with criminal attorneys today. Hope they can wizzle (spelling) me out.
I was so worried about all this mess. We are a normal couple (for most part) and we have baby together. No green card for me means no trip back home for who know how long ...
Again thank you a lot for posts! Great to have place like that ....

Whoa! Lets talk about the 5th amandment shall we. "Miranda" rights are NOT required to just arrest someone. There are two (2) key elements to this requirement: 1. That the person is in custody and 2. Questioning. If you are arrested, one part of the equation has been met. The other part is questioning, and you must be advised of your rights prior to this. An officer can ask "administrative" questions such as your name, date of brth etc, but when it comes to questioning related to the incident itself, you must be advised of your legal rights. Notice I say "custody" because there are times when you are NOT under arrest but in which a "reasonable person" would not fee free to leave (like being in the backseat of a sqaud car in handcuffs).

I have over 20+ years in the business of arresting people. Domestic violence arrests in most states WILL NOT always require the victim to testify. The courts know that in the nature of DV this is common, and that victims often become what are termed a "hostile witness" frequently. In these instances the officers on the call will be the State's witness for prosecution.

My advice is open up your wallet...you need a decent lawyer.

Most attorneys are criminals, I think you meant a "Criminal Defense Attorney"

MonikaK, I am a NOOB here but if I may offer a piece of advice:

If you and your husband believe in your marriage and in your love for each other, more important than you getting a job would be getting counseling to resolve the DV issue that you two have.

The marriage WILL fail if you two do not learn how to resolve conflicts with non-violence. Beyond that violence whether it be physical, verbal or emotional towards someone you love is unacceptable and provides a poor example of how to live as a couple for any children you two might have.

I don't mean to sound harsh but I've lived in a DV situation before.

Know that I wish for you, your husband and your children the best.

I am sorry that it happened to you. Scratching mark won't work in your favor, cops noted it for sure. Are you living with your husband? If your husband does not show up for court hearing at all, charges will be dropped. If he wants to fight, you should get an attorney. In either way, the arrest will be in your record. I doubt USCIS will deny your AOS only for this arrest. Good luck. Please keep us posted.