horrible situation!! got arrested under domestic violence with conditional residence status..

[superdummy 0]

is anybody can help me??????? I really have no idea where to start to explain... very emotional and so sad!!!

I guess my marriage is going to be ended shortly. My husband put me jail 2times. First time, we got big fight and police officers showed up and I didn't protect myself at all and they listened only him. that happened last November and I moved out of house and the case was dismissed for now.. and I got arrested again a few days ago is because I went to our house under restrain order. I needed to stay in jail over night and got out of it without any bond or anything but have a court day in a month. I know I screw my life big time!! by the way I need to apply for removing my condition in November this year.. Is there any possibility to get a green card???? What should I do???? Please help me!!!

[Pitaya 2,576]

~Moved from Introducing our Members to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[HollyGolightly 72]

What was the charge when you were put to jail? I am assuming from your post that this is a DV. In most cases when a DV charge is filed a standing mandatory protection order/MPO is also issued, which orders the other party to stay away from the victim (& deposit firearms) pending the case. A conviction for a crime (excluding minor offenses) usually carries immigration consequences. In your case, it seems like the case is still pending which means there is yet to be a conviction. Getting jail time does not automatically disqualify you from immigration benefits absent a conviction.

I suggest you consult with your lawyer and discuss with him the possible effects of the case. He could advise you properly on what to do and how to resolve your issue so that you do not incur negative immigration consequences. In some cases, the City/Public Attorney can negotiate a plea deal that will allow you to avoid these consequenses (e.g. deferred judgements). Being charged and jailed does not automatically mean the end of your immigration journey. Good luck!

[Teripid 5]

If there's a restraining order out there must have been something pretty major. If you needed to go to the house for any reason you should have arranged to do so with police or an authority present.

As far as the marriage ending... he has a restraining order and you've been to jail twice for what sounds like possible physical violence. Sounds like you guys have passed the ability to go to counseling or work past things. Are you working with him in any way on a divorce or is he pursuing it on his own?

There's the possibility of removing conditions after a divorce if you can show that you entered into the marriage in good faith. Not sure how the legal ramifications of the arrests factor into that.

[Sandra G. 5,016]

Yep you screwed up big time. Violating a restraining order is considered serious criminal offence.Violation of restraining order in case of domestic is ground violence for removal. Read the Slazai's case.

http://caselaw.findlaw.com/us-9th-circuit/1234194.html

Edited April 21, 2014 by sandranj

[HollyGolightly 72]

Yep you screwed up big time. Violating a restraining order is considered serious criminal offence.Violation of restraining order in case of domestic is ground violence for removal. Read the Slazai's case.

http://caselaw.findlaw.com/us-9th-circuit/1234194.html

Note that this involves a conviction for a violation of a state criminal law, which does not apply to OP since she has yet to be convicted.

[superdummy 0]

I'm so scared.... everything's different and difficult. We are in processing of divorce and I filed conciliation counseling just before that happened. is because I tried to get back and keep our marriage. He seemed too. I love my husband so much and that's why I want to stay here in the US. I believed he was the same but not really, not any more.. I couldn't stop when he asked me to stop.. whatever it's too late and came too far. I went to the house and he knew.. even police officer knew he allowed me to come.. and slept together every nights.. Nobody can understand this probably.. but that was my heart. I will get a lawyer. that's it. Nothing I can do now.

[HollyGolightly 72]

I'm so scared.... everything's different and difficult. We are in processing of divorce and I filed conciliation counseling just before that happened. is because I tried to get back and keep our marriage. He seemed too. I love my husband so much and that's why I want to stay here in the US. I believed he was the same but not really, not any more.. I couldn't stop when he asked me to stop.. whatever it's too late and came too far. I went to the house and he knew.. even police officer knew he allowed me to come.. and slept together every nights.. Nobody can understand this probably.. but that was my heart. I will get a lawyer. that's it. Nothing I can do now.

Sorry things did not work out for you. I think your getting a lawyer would be the best option for you right now. Good luck!

[Pinkrlion 2,607]

Divorce and move on with your life.

[christeen 966]

I vote 100% for getti g a lawyer... Not be g able to control your actions has put you in a situation and you need someone thinking without emotions and doing what is necessary for your legal troubles.

[PallasAthena 101]

If there's a restraining order out there must have been something pretty major. If you needed to go to the house for any reason you should have arranged to do so with police or an authority present.

Not true. Restraining orders are given out like candy at the courthouse. One can completely fabricate a story and a restraining order is issued.

OP, you need an attorney.

[PallasAthena 101]

.. I couldn't stop when he asked me to stop.. whatever it's too late and came too far. I went to the house and he knew.. even police officer knew he allowed me to come.. and slept together every nights.. Nobody can understand this probably.. but that was my heart. I will get a lawyer. that's it. Nothing I can do now.

What exactly does that mean "you couldn't stop when he asked you to stop"?

[HollyGolightly 72]

I'm so scared.... everything's different and difficult. We are in processing of divorce and I filed conciliation counseling just before that happened. is because I tried to get back and keep our marriage. He seemed too. I love my husband so much and that's why I want to stay here in the US. I believed he was the same but not really, not any more.. I couldn't stop when he asked me to stop.. whatever it's too late and came too far. I went to the house and he knew.. even police officer knew he allowed me to come.. and slept together every nights.. Nobody can understand this probably.. but that was my heart. I will get a lawyer. that's it. Nothing I can do now.

I wish you had gone back to court to have the MPO set aside when you two were trying to make things work. It's too late now since you've already been arrested and gone to jail for it. On the bright side, the detail you mentioned about you and him being intimate and still seeing each other while the MPO was in place could be a possible defense. Make sure you tell your lawyer all that so he can mount a good defense for you when you are called to court. As I've said, it is not the end of the world. You can get possible negative immigration consequences for this or you may not. It all depends on how the case against you pans out. I'd ask for more details but it really is best that a knowledgeable attorney counsel you about your options now. Good luck and I hope things work out for the best.

[Karee 4,189]

Not true. Restraining orders are given out like candy at the courthouse. One can completely fabricate a story and a restraining order is issued.

Who wants to be the judge that doesn't grant one and then have something serious happen later? They almost always get granted, whether there's evidence or not. In reality though a restraining order is just a piece of paper.

[sparkles_ 456]

Pretty sure her husband can get into trouble as well for allowing her to stay nights there while he was the one who requested the protective order....isn't that some type of legal fraud?? He obviously wasn't fearing for his life if she was back in his home again and he consented.