Domestic Violence(Pending) issues with customs

[Kevin91 3]

Hello Everyone!

 

I dont know where to start.... Pretty embarrassing but now I need some guidance. Last month I have done something terrible, here how the story goes...

 

I filed Domestic Violence on my wife which she undergoing for adjustment of status. Poor women didn’t do anything wrong, yes I know all of you are asking “what the heck?’’. Well I was drinking that night celebrating my nephew graduation party and had too many. During that night my wonderful wife drove us home. Once we got home we realized that there wasn’t any electricity, so my wife didn’t wanted to be there because of the care of the baby. So I disagree and was very upset that we couldn’t stay at home. While we were walking out, my wife tripped over the baby stroller. When that was happening she tried to grab me and scratch me accidently from neck and face....ughhhh.... I got furious and espcially when I was soo mad about the arguement, I made a poor decision calling the cops and they took her away (arrested and fingerprinted)... I especially told the cops dont arrest her that wasnt the attention, just file a report... either way both decision where wrong...

 

We had court on August 15th, 2018, I have already spoke with the director of the municipal court and explain the whole situation. The state is willing to drop the case but needed to be present. Well something at work came up, and coudn’t be present at the court. So they reschedule it for October 16th 2018, which isnt my concern....

 

 

My big concern is we are flying out to Dominican Republic with a Advance Polore, Im afraid when we come back she going to have trouble with customs. My question is to everyone, will she go back to her country because of that? The only argument I have she still not convicted of any crime, those charges are still pending. She never plead guilty to the judge, On october I will be in court and drop the charges. 

 

Please dont judge me of that, the only thing I just want is some guidance......

 

 

 

[Crazy Cat 39,206]

She is not guilty of any crime until she is convicted.........I don't think there is a problem...yet....however, if you miss one more court date, it might create a very bad situation.

 

 

Edited August 18, 2018 by missileman

[bakphx1 785]

Please reconsider if drinking has a place in your life.  More deportations happen due to lapses in judgment by people who can’t drink and stay in control.  If this works out okay, consider it your one free pass.  You can’t have another without establishing a pattern.  

[mushroomspore 3,043]

Yes go to the court date and get this sorted out and drop the charges. Even with dropped charges though, I think your wife will have to disclose the arrest at the AoS interview and also for the RoC and citizenship interviews. Just something to keep in mind.

 

Traveling and coming back with Advanced Parole SHOULD be fine. But also keep in mind that the risk that exists is that AoS will be denied while you are abroad. This is uncommon and unlikely though. However, if it IS denied, AP won't help and your wife will be denied entry. If you are that nervous about the potential effects of the arrest, my suggestion is to cancel the trip altogether and not leave until your wife's AoS case is 100% done. That's just my 2 cents though because a domestic violence related arrest for an intending immigrant is pretty serious.

Edited August 19, 2018 by mushroomspore

[cd37 229]

What a mess you created for your wife for no reason now she has to disclose this every time she files anything related to immigration. 

[Jojo92122 1,924]

I would not leave the US on AP with a DV arrest.  

 

Leaving with AP and a clean record is one thing.  Leaving with AP and a DV arrest is completely different.

 

AP does not guarantee entry into the US.  A person with AP can be refused entry.  

 

https://www.avvo.com/legal-answers/is-it-safe-to-travel-using-advance-parole-and-havi-2923267.html 

Three different lawyers didn't think it was a good idea.  No lawyer thought it would be okay.  

[Hazelsky07 21]

The responsible thing to do is stop making impulsive  decisions and prioritize what matters most to both. Trip or AOS? 

[Kevin91 3]

2 hours ago, missileman said:

She is not guilty of any crime until she is convicted.........I don't think there is a problem...yet....however, if you miss one more court date, it might create a very bad situation.

 

 

Thank you! 

[Kevin91 3]

My argument here is that the charges are pending, its not like she is guilty... Once I have the court date these charge’s will be drop. 

[Kevin91 3]

2 hours ago, mushroomspore said:

Yes go to the court date and get this sorted out and drop the charges. Even with dropped charges though, I think your wife will have to disclose the arrest at the AoS interview and also for the RoC and citizenship interviews. Just something to keep in mind.

 

Traveling and coming back with Advanced Parole SHOULD be fine. But also keep in mind that the risk that exists is that AoS will be denied while you are abroad. This is uncommon and unlikely though. However, if it IS denied, AP won't help and your wife will be denied entry. If you are that nervous about the potential effects of the arrest, my suggestion is to cancel the trip altogether and not leave until your wife's AoS case is 100% done. That's just my 2 cents though because a domestic violence related arrest for an intending immigrant is pretty serious.

Thank you! Helps me alot...

[geowrian 22,335]

True, although immigration is one of those cases where just being innocent in criminal court - or having charges dropped - isn't necessarily sufficient. Entry on AP is at the CBP officer's discretion, and there's not really any way to challenge their decision.

 

Obviously it's safer not to travel. I think you would probably be okay, but it is riskier, IMHO, than somebody leaving on a clean record.

[mushroomspore 3,043]

27 minutes ago, Kevin91 said:

Thank you! Helps me alot...

I would cancel the trip, if I were you. If you said your wife got a parking or speeding ticket, that's no big deal. But domestic violence is a big deal to immigration. I would NOT take ANY risks after such an event. Cancel the trip and wait until your wife's case is over.

[mushroomspore 3,043]

52 minutes ago, Kevin91 said:

My argument here is that the charges are pending, its not like she is guilty... Once I have the court date these charge’s will be drop. 

Doesn't matter. Her arrest and her fingerprints are on record now and she HAS to tell USCIS about it at every single interview she has with them. Even people who have old crimes and records expunged (basically deleted) still need to tell USCIS about the crimes. 

[Jojo92122 1,924]

1 hour ago, Kevin91 said:

My argument here is that the charges are pending, its not like she is guilty... Once I have the court date these charge’s will be drop. 

Not like she's innocent either.  She has a pending case for DV.  US immigration takes DV very seriously.  

 

Isn't it safer to stay in the US than take a completely unnecessary risk?   You dug yourself a hole because you misjudged the consequences.  Don't repeat your mistake and compound the problem. 

 

Take the DV case seriously.  Even after it is dismissed, your wife will need to disclose it on her AOS, ROC, and naturalization.  Every step of every process, the DV arrest will be an issue.  You've missed a court date.  Dropping the charges does make the DV arrest disappear.  It will hang over your wife's immigration head forever.  For the rest of her life, she will have to deal with this.  You really screwed the pooch on this.

[CEE53147 559]

You need to consult attorneys not a forum.