Does Domestice Violence = Deportation?

[MamaAsiya 8]

Hello,

I am a U.S. citizen and my husband is a conditional (2 year) permanent resident. One night, I reported him to the police and he was charged with battery. If we apply jointly with all the appropriate evidence (we have a daughter and can show shared residence for most of the time he has been here), what are the chances they will remove the conditions? Is there a special hearing when violent crimes are committed? He's looking for an immigration attorney but I was hoping to get an idea of how USCIS handles violent criminals who have U.S. families trying to keep them here. Anyone have personal experience?

Thank you,

Mama Mdoe

[VanessaTony 3,567]

Hello,

I am a U.S. citizen and my husband is a conditional (2 year) permanent resident. One night, I reported him to the police and he was charged with battery. If we apply jointly with all the appropriate evidence (we have a daughter and can show shared residence for most of the time he has been here), what are the chances they will remove the conditions? Is there a special hearing when violent crimes are committed? He's looking for an immigration attorney but I was hoping to get an idea of how USCIS handles violent criminals who have U.S. families trying to keep them here. Anyone have personal experience?

Thank you,

Mama Mdoe

I don't know if it equals deportation, but it might make life a little difficult.

I honestly don't know what checks they carry out when you apply for ROC but if it does come up, you will need to explain it (and you will need to admit it if asked). Perhaps consider attending counselling so that if asked, you can show that you have (and especially he has) sought help and that he's not a risk anymore.

I don't want you to think you shouldn't report domestic abuse because you SHOULD. It's not okay to be abused.

Best of luck to both of you.

[Brother Hesekiel 2,235]

If you are filing jointly, you are basically stating that you are still happily married and living together. If that's the case, the ROC will be approved, simple as that.

If you don't want to do this, he would have to file alone, using a waiver. He can start the ROC process, but can't complete it before having a divorce decree in hand. Even with the divorce finalized, it's anybody's guess if he can successfully remove conditions as a wife beater with a record. If he can't, he's going home.

[JimVaPhuong 4,863]

Hello,

I am a U.S. citizen and my husband is a conditional (2 year) permanent resident. One night, I reported him to the police and he was charged with battery. If we apply jointly with all the appropriate evidence (we have a daughter and can show shared residence for most of the time he has been here), what are the chances they will remove the conditions? Is there a special hearing when violent crimes are committed? He's looking for an immigration attorney but I was hoping to get an idea of how USCIS handles violent criminals who have U.S. families trying to keep them here. Anyone have personal experience?

Thank you,

Mama Mdoe

You say he was "charged with battery". Did he admit to the battery during a police interview? Was he convicted? If so, then it could indeed affect his removal of conditions.

Good moral character is required to maintain ANY immigration status in the US. Any aggravated felony or crime of moral turpitude can result in ANY immigration petition being denied, and/or deportation. USCIS only requires an admission that the applicant committed the crime in order to presume that they actually did. A record of conviction, or any form of sentencing imposed, would be considered equivalent to an admission of guilt. If he admitted the battery in an interview with police, it could still be considered an admission of guilt by USCIS, even if he wasn't subsequently charged or convicted. If there's a police record of this incident, then USCIS will probably find out about it while they're adjudicating the petition.

You definitely need a lawyer.