Jump to content
Kizana

Green card holder - arresred for domestic violence... deportation?

 Share

57 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

That's right - it is crazy! It is blown out of proportion this domestic violence law in US!:(( I guess it became so overprotective because some really ugly cases appeared, I just thought I am not in that category... am I?

I can't talk to my husband and I don't want him to say it never happened - I am afraid they would take him to jail for lying, wouldn't they???

The laws are gender neutral and designed the way they are because of all the instances where a battered woman would not press charges on the guy in the past.. so if one party shows clear physical abuse or the other party admits to doing anything physical ("I slapped him on the arm") the police are generally obligated to take action. I am surprised that this would go to court and not be basically plead down to nothing... It should be pretty clear he is in no imminent danger and you are no threat to anyone.

I don't believe it.. Prove it to me and I still won't believe it. -Ford Prefect

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Well.. you are probably right but I was not aware that woman would be arrested for slap on arm... and now I cannot take it back - I don;t want to get charges for lying in the court...

Thanks for you advices and for sharing your experience!

As squeaky noted, if they did not read you your Miranda rights before you made the statement then the statement can't be used against you in court. Even if they did read you your rights, you can recant anything you said to the police as a statement made under duress.

Hopefully, you have a decent attorney and not a public defender... :whistle:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

Are you sure it was only a slap on his arm, because I find it really odd for prosecutors to waste their valuable times on this case. So did they charge you with assault in third degree or what?

The fight must have been more violent, and a slap on a grown man arm shouldn't bring a conviction or deportation.

It's obvious you know nothing about DV charges. They can make a DV stick on you just for flipping off your spouse. It's a DV4. This is what this country has come to with the bs DV laws.

sigbet.jpg

"I want to take this opportunity to mention how thankful I am for an Obama re-election. The choice was clear. We cannot live in a country that treats homosexuals and women as second class citizens. Homosexuals deserve all of the rights and benefits of marriage that heterosexuals receive. Women deserve to be treated with respect and their salaries should not depend on their gender, but their quality of work. I am also thankful that the great, progressive state of California once again voted for the correct President. America is moving forward, and the direction is a positive one."

Link to comment
Share on other sites

Any non citizen can be deported, if there is reason to.

To the OP- Jim is right, they cannot force your husband to testify against you. If they didn't read you your rights before your statement of what happened, they cannot use your admission of guilt against you either. Without your admission, and without your husband's testimony, they have no case at all. Talk to your lawyer about Miranda rights, and talk to your husband about pleading the fifth (not testifying or making a statement). You will be fine.

They only have to miranda you before they actually charge you for the crime. Anything you say before that comes from your free will is admissible.

A slap that leaves a mark is assault and they photographed it too. Open and shut case.

She was read her rights after she was fingerprinted and photographed at the point when they told her formally that she was going to be charged with the crime.

Edited by Myopia

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

Any non citizen can be deported, if there is reason to.

To the OP- Jim is right, they cannot force your husband to testify against you. If they didn't read you your rights before your statement of what happened, they cannot use your admission of guilt against you either. Without your admission, and without your husband's testimony, they have no case at all. Talk to your lawyer about Miranda rights, and talk to your husband about pleading the fifth (not testifying or making a statement). You will be fine.

NOT TRUE. If the District Attourney wants to make a Case of it with pictures, statements, witnesses, arrest and you or the other party wants to drop charges it is not up to you. It will be up to the Distict Attourneys Office.

But, there is more. Now you have to battle the legal System.

Your Attourney should Argue: How can they attend Counciling with a No-Contact Order in Place.

The Couple wish to reconcile differences.

The husband must refuse to testify and you as well, self defense, I think there was more to it than that but not judgemental about it. (If you plead self defense, then your only fighting again, admit mistakes on both sides and go on)

You are on Trail, not your husband, odd how the system works.

I would suggest you attend Al-Anon for Spouses with an Alcoholic. You threw his beer away. Thats what started the fight and your nagging without understanding the Alcohlic Mind.

I hope I did'nt offend you with my truth. Tim

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

I would suggest you attend Al-Anon for Spouses with an Alcoholic. You threw his beer away. Thats what started the fight and your nagging without understanding the Alcohlic Mind.

I hope I did'nt offend you with my truth. Tim

So true. Alcoholism is such a nasty self depreciating disease but it is a disease. A close family relative is a functional alcoholic who manages to get through beers and vodka every single night and throwing her stuff away doesnt do anything but cause her to act crazier.

Its just horrible how alcoholism affects someone but getting that help with Al Anon as a spouse may be mitigating for the op

Edited by Myopia

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

So true. Alcoholism is such a nasty self depreciating disease but it is a disease. A close family relative is a functional alcoholic who manages to get through beers and vodka every single night and throwing her stuff away doesnt do anything but cause her to act crazier.

Its just horrible how alcoholism affects someone but getting that help with Al Anon as a spouse may be mitigating for the op

Very True. This problem did'nt happen overnight. I agree with you. I hope them the best. A simple Arguement turned into something Not expected.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

It's obvious you know nothing about DV charges. They can make a DV stick on you just for flipping off your spouse. It's a DV4. This is what this country has come to with the bs DV laws.

What Why_Me means by DV is Domestic Violence. It is not tolerated and is subject to jail, fines, on your record even only a misdeameanor. Earlier Post "Think" that Miranda rights were no given. I doubt that. The only defense is to be a Couple again and learn from this mistake and move ahead.

Please in your favor: You don't have prior Complaints with Police Agencies or Courts for simular Offenses.

I see No reason for Deportation if you stay ahead of the System and Volunteer for Services instead of them requireing it.

I also feel as a gut feeling, your husband wished this never happened either.

I think He Will Be There For You.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

The laws are gender neutral and designed the way they are because of all the instances where a battered woman would not press charges on the guy in the past.. so if one party shows clear physical abuse or the other party admits to doing anything physical ("I slapped him on the arm") the police are generally obligated to take action. I am surprised that this would go to court and not be basically plead down to nothing... It should be pretty clear he is in no imminent danger and you are no threat to anyone.

The Court System is Changed. They are designed to make money even for quarrels between spouses. You don't even have to physically hit your Spouse as Why_Me pointed out. Just a aggressive threat. End of story. Your going to jail.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

What Why_Me means by DV is Domestic Violence. It is not tolerated and is subject to jail, fines, on your record even only a misdeameanor. Earlier Post "Think" that Miranda rights were no given. I doubt that. The only defense is to be a Couple again and learn from this mistake and move ahead.

Please in your favor: You don't have prior Complaints with Police Agencies or Courts for simular Offenses.

I see No reason for Deportation if you stay ahead of the System and Volunteer for Services instead of them requireing it.

I also feel as a gut feeling, your husband wished this never happened either.

I think He Will Be There For You.

Tim, thank you so much for explaining and not judging me

You are right- my husband wrote a letter to the prosecutor asking to drop charges and drop no-contact order and let us go to counseling together ( currently each of us going to therapy to work on our issues and therapist already wrote a letter to my lawyer about my treatments etc.)

I miss my husband a lot! I want him to come home and he wants it too - he wrote me email about that ( i am not allowed to communicate and i dont but apparently he can write me about anything - my lawyer said "just do not reply") And I am very depressed knowing that that most likely no-contact order will not be dropped until the case is resolved ( hopefully it will be dropped)

I just hope for better and pray

Edited by Kizana

2005-May-30 Started to write each other

2006-Feb-08 Met in person first time

2008-Aug-09 Entered U.S. on K-1 Visa

2008-Sept-05 Got married! :)

2009-Mar-26 Conditional Green Card

2011-Mar-23 Permanent Green Card

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

The Court System is Changed. They are designed to make money even for quarrels between spouses. You don't even have to physically hit your Spouse as Why_Me pointed out. Just a aggressive threat. End of story. Your going to jail.

Well.. I'm not going to jail I was not the one involved.. I would assume the court would extract some money and that would be the end of it. If the story we have is in fact the gist of what really happened then the judge could act at his/her discrepancy whereas the police officers could not..

Edited by OnMyWayID

I don't believe it.. Prove it to me and I still won't believe it. -Ford Prefect

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

Tim, thank you so much for explaining and not judging me

You are right- my husband wrote a letter to the prosecutor asking to drop charges and drop no-contact order and let us go to counseling together ( currently each of us going to therapy to work on our issues and therapist already wrote a letter to my lawyer about my treatments etc.)

I miss my husband a lot! I want him to come home and he wants it too - he wrote me email about that ( i am not allowed to communicate and i dont but apparently he can write me about anything - my lawyer said "just do not reply") And I am very depressed knowing that that most likely no-contact order will not be dropped until the case is resolved ( hopefully it will be dropped)

I just hope for better and pray

You are very Welcome Young Lady for being Truthful and address this. I know it's hard. I can relate to your post. I wanted to be truthful with you. You will get over this. Hugs !

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

Well.. I'm not going to jail I was not the one involved.. I would assume the court would extract some money and that would be the end of it. If the story we have is in fact the gist of what really happened then the judge could act at his/her discrepancy whereas the police officers could not..

I hope so too!!!

2005-May-30 Started to write each other

2006-Feb-08 Met in person first time

2008-Aug-09 Entered U.S. on K-1 Visa

2008-Sept-05 Got married! :)

2009-Mar-26 Conditional Green Card

2011-Mar-23 Permanent Green Card

Link to comment
Share on other sites

You are very Welcome Young Lady for being Truthful and address this. I know it's hard. I can relate to your post. I wanted to be truthful with you. You will get over this. Hugs !

I really appreciate guiding me through the laws and explaining them, and just being so kind to me, all of you guys!

Pre-trial is in two days, I don't expect no contact order to be dropped but I hope for better, and maybe my lawyer can have charges dropped before the second pre-trial ( about a month)

You guys actually gave me some hope!

2005-May-30 Started to write each other

2006-Feb-08 Met in person first time

2008-Aug-09 Entered U.S. on K-1 Visa

2008-Sept-05 Got married! :)

2009-Mar-26 Conditional Green Card

2011-Mar-23 Permanent Green Card

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

I really appreciate guiding me through the laws and explaining them, and just being so kind to me, all of you guys!

Pre-trial is in two days, I don't expect no contact order to be dropped but I hope for better, and maybe my lawyer can have charges dropped before the second pre-trial ( about a month)

You guys actually gave me some hope!

I'm Courious. Does your Husband have the right to be by yourside at this pre-trial. End it now is what I mean... He's not testifying against you and is trying to stop charges.... The whole thing sounds silly when there was no physical danger. Just a Spat between Spouses.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...