Possible Problem....Hopefully Not but Need Input

[DarkKiss 45]

So here is the story. During my previous marriage, I found my husband was having an affair and I had a fight with the girl. I was never arrested. After a few weeks I started receiving mail from different attorneys in reference to my case (WHAT Case?). After further investigation, I discovered that the girl had filed charges against me for Assault. I hired an Attorney, paid a bondsman, turned myself into the police and was released immediately. I filed no contest in court and paid a fine and was released. I thought it was a done deal, but as I was returning from the Dominican Republic in January of this year , my passport was Flagged (Dont know Why) but anyway when the officer ran my passport he told me that the assault was still on my records and I would have to get a lawyer to remove it.

My question:

On the I-129F where they ask about any charges, etc, I entered NO in all boxes, because is was NOT domestic violence. I am the Petitioner. Do you guys think I will get an RFE? Thanks in Advance.

[LibCampFireClub 635]

1. You need a obtain certified copies of the police arrest report. This report will contain all the details of the arrest.

2. You need to obtain certified copies of the court record. This court record will list the details of the crime you were charged with, your plea, and final disposition of the case.

You pleaded NO CONTEST to this crime, so as far as your criminal record it will be on your record forever. You can petition to have that record expunged so that it's out of public view, but for the sake of immigration it will always be there, and always be considered a conviction.

It looks like you didn't bother to read page 3, item 3 of the instructions for the I-129F, which clearly state what crimes are considered. I suggest you read them carefully as it appears you have submitted in petition in which you improperly indicated that you HAVE NOT BEEN convicted of the listed crimes. You would do yourself a big favor to hire a criminal immigration attorney to assist you.

[DarkKiss 45]

1. You need a obtain certified copies of the police arrest report. This report will contain all the details of the arrest.

2. You need to obtain certified copies of the court record. This court record will list the details of the crime you were charged with, your plea, and final disposition of the case.

You pleaded NO CONTEST to this crime, so as far as your criminal record it will be on your record forever. You can petition to have that record expunged so that it's out of public view, but for the sake of immigration it will always be there, and always be considered a conviction.

It looks like you didn't bother to read page 3, item 3 of the instructions for the I-129F, which clearly state what crimes are considered. I suggest you read them carefully as it appears you have submitted in petition in which you improperly indicated that you HAVE NOT BEEN convicted of the listed crimes. You would do yourself a big favor to hire a criminal immigration attorney to assist you.

I did read the instructions on Page 3 and re-read the instructions on Page 3, and I answered correctly because it was NOT DOMESTIC VIOLENCE ASSAULT. The act was Assault and it was not against my husband or anyone that I had cohabitated with. It was with a stranger who just happened to be sleeping with my husband. In the State of Texas Domestic Violence is defined as against someone who is your husband, roommate, girlfriend, boyfriend, partner etc. She was nothing to ME. She was my ex-husband's girlfriend. An assault can be expunged but a Domestic Violence Assault remains on your record indefinitely.

[DarkKiss 45]

I just re-read the instructions again and I still confirm that I did not commit any of the crimes listed. The instructions did not ask for just any crime but for specific crimes which Simple Assault was not one of them. It specifically asked for Domestic Violence. The fight I had with that person was a fight between to strangers! So again I ask you, do I need to worry about this.

[LibCampFireClub 635]

I did read the instructions on Page 3 and re-read the instructions on Page 3, and I answered correctly because it was NOT DOMESTIC VIOLENCE ASSAULT. The act was Assault and it was not against my husband or anyone that I had cohabitated with. It was with a stranger who just happened to be sleeping with my husband. In the State of Texas Domestic Violence is defined as against someone who is your husband, roommate, girlfriend, boyfriend, partner etc. She was nothing to ME. She was my ex-husband's girlfriend. An assault can be expunged but a Domestic Violence Assault remains on your record indefinitely.

You are correct in that the directions for the I-129F refer to actions against your direct family. However, because you were convicted of assault against your ex-husband's lover, it would be a good idea for you to get certified copies of the event to ensure whether the language in the reports includes any suggestion of domestic violence. You may be free in this area, but not entirely clear, which is why I suggest you get copies of the arrest and court records in case the USCIS requests them from you.

Since IMBRA was enacted, the USCIS is extremely cautious toward petitioners with a history of criminal violence. Having any criminal case expunged does NOT remove the conviction, regardless of whether it's domestic violence or not. It just removes your case from public view and simple employer background checks. A general member of the public cannot view an expunged case, but, the FBI background check performed on all petitioners allows them to open an entire criminal history, which includes cases that have been expunged. Civil cases cannot be expunged.

Edited March 1, 2014 by ExExpat

[DarkKiss 45]

You are correct in that the directions for the I-129F refer to actions against your direct family. However, because you were convicted of assault against your ex-husband's lover, it would be a good idea for you to get certified copies of the event to ensure whether the language in the reports includes any suggestion of domestic violence. You may be free in this area, but not entirely clear, which is why I suggest you get copies of the arrest and court records in case the USCIS requests them from you.

Since IMBRA was enacted, the USCIS is extremely cautious toward petitioners with a history of criminal violence. Having any criminal case expunged does NOT remove the conviction, regardless of whether it's domestic violence or not. It just removes your case from public view and simple employer background checks. A general member of the public cannot view an expunged case, but, the FBI background check performed on all petitioners allows them to open an entire criminal history, which includes cases that have been expunged. Civil cases cannot be expunged.

Ok thanks. I do have a certified copy of the record of the court proceedings which indicate the language as Simple Assault and I will have it available on hand just in case, they ask for it. Thanks Again for your input.