Why I joined this site and how you can help me.

[ChicagoSarah 127]

Actually, no. Plenty of people in the US are wrongly convicted. And due to the story, I can see how it may have looked to the cops like domestic violence. Even if the wife tried to defend him at the scene, the cops still could have taken him in because in many domestic violence cases the woman will still defend the man. They probably thought she was only doing it in front of the "abusive" husband. Come on, don't act like the cops in this country are saints.

No one said all cops are saints. But it would be strange to have someone sentenced to 1+ years to do something that didn't have any solid basis in court. If she changed her story and showed no signs of abuse, they couldn't just throw him in for false DV charges. That's why everyone thinks there must be more to the story.

[Shauna&Wael 211]

From what I can gather all Cops hate Domestics, anyway they would not be the ones that prosecuted and it is not exactly uncommon for an abused partner to have a change of mind.

They aren't the ones who prosecute but they are the ones who had the choice at the scene to take him in or not. And it was the straw that broke the camel's back.

[Shauna&Wael 211]

No one said all cops are saints. But it would be strange to have someone sentenced to 1+ years to do something that didn't have any solid basis in court. If she changed her story and showed no signs of abuse, they couldn't just throw him in for false DV charges. That's why everyone thinks there must be more to the story.

Really? You think every domestic violence case has solid basis? There are so many women who make fake calls about it, and most of the time, who is the court going to believe? The woman........ However. I do think there's more to the story. Who knows what really happened that night? We never will.

[Boiler 43,453]

They aren't the ones who prosecute but they are the ones who had the choice at the scene to take him in or not. And it was the straw that broke the camel's back.

He was drunk, out of control, minor child present.

That does not surprise me.

[ChicagoSarah 127]

Really? You think every domestic violence case has solid basis? There are so many women who make fake calls about it, and most of the time, who is the court going to believe? The woman........ However. I do think there's more to the story. Who knows what really happened that night? We never will.

But in this case she called the cops and then said nothing happened. So if they are siding with the woman, they would have dropped the charges here. The OP claims he and his mom went through the courts to attest no DV happened, yet he was still sentenced.

False claims certainly happen all the time, but according to the OP this is the exact opposite.

I think we all agree there was more to that story and to the jail time overall. I think the ICE portion may have been the bigger issue that landed him in jail...maybe being picked up for DV is how they found him and were able to process him.

[Fiji Indian 1]

If people truly consider this a troll, then I guess the Admin can close the thread. But please don't delete it, because there are helpful information (sadly over shadowed by those who do not understand yet comment), because I may need to take a look at them again.

I would like to take this time and thank those who have supported me and actually read my posts, instead of commenting to side with the majority.

Nothing furthur needs to be discussed on this thread. But please post a link to an existing topic about waivers and stories of something that is similar to my situation. All I need is examples to use for my case.

Thank you. Especially you, Boiler.

[Boiler 43,453]

But in this case she called the cops and then said nothing happened. So if they are siding with the woman, they would have dropped the charges here. The OP claims he and his mom went through the courts to attest no DV happened, yet he was still sentenced.

False claims certainly happen all the time, but according to the OP this is the exact opposite.

I think we all agree there was more to that story and to the jail time overall. I think the ICE portion may have been the bigger issue that landed him in jail...maybe being picked up for DV is how they found him and were able to process him.

I know there are many cases where the abused party does not want to prosecute but by that point it is not their call.

Seen lots of similar cases on VJ. Ohh what have I done etc etc.

ICE would have been notified when he was due to be released, and on this occasion they picked him up.

[Unidentified 2,930]

But in this case she called the cops and then said nothing happened. So if they are siding with the woman, they would have dropped the charges here. The OP claims he and his mom went through the courts to attest no DV happened, yet he was still sentenced.

False claims certainly happen all the time, but according to the OP this is the exact opposite.

I think we all agree there was more to that story and to the jail time overall. I think the ICE portion may have been the bigger issue that landed him in jail...maybe being picked up for DV is how they found him and were able to process him.

Do you know how many women get beat up, call the cops and then claim nothing happened? Because he threatened her or claimed he was sorry and it will never happen again? It happens all the time.

What doesn't makes sense though is as far I as I know, cops are helpless against helping DV victims if they don't press charges.

[Boiler 43,453]

If people truly consider this a troll, then I guess the Admin can close the thread. But please don't delete it, because there are helpful information (sadly over shadowed by those who do not understand yet comment), because I may need to take a look at them again.

I would like to take this time and thank those who have supported me and actually read my posts, instead of commenting to side with the majority.

Nothing furthur needs to be discussed on this thread. But please post a link to an existing topic about waivers and stories of something that is similar to my situation. All I need is examples to use for my case.

Thank you. Especially you, Boiler.

www.immigrate2us.net is the grail.

www.scottimmigration.net has some good reading, talks a lot about waivers, good hardships etc etc.

What doesn't makes sense though is as far I as I know, cops are helpless against helping DV victims if they don't press charges.

The State presses charges for a criminal offence.

[Unidentified 2,930]

The State presses charges for a criminal offence.

Cool. Learned something new today

[Fiji Indian 1]

Read post #10 as to why was 911 called in the first place.

[Boiler 43,453]

The reason I'm skeptical is because she felt so much fear to the point of calling the cops. If what the son is saying is true, the mom messed everything up.

And no, as I said before she could have told them no at the scene, but the fact that she was in tears says everything. And how many women go into tears after getting their hair pulled? Either it was the worst timing ever and they showed up right after he pulled her hair, or this is baloney.

He was blind drunk proabably did not help matters.

[belinda63 2,981]

Anyway, you say the attorney is going to ask the COA to reconsider their ruling. Chance are slim to none, all it will do is keep dad in jail longer while he waits for an answer. Chances of getting this before the Supreme Court are zero.

As to writing representatives since this is an immigration matter you would want to write to the Federal Government people, not the city or state.

You do know that although the I-130 was denied she could have always filed again. If the issues with the first denial were addressed, which I assume were he needed a waiver or the waiver was denied, it is possible to get it approved. Although now he will have to complete the process overseas with both waivers required.

As to re-opening the criminal case that won't happen. It was 15 years ago, the time limit to re-open it is long past unless, in some states, new and compelling evidence which was not available previously has been discovered. So the conviction is a done deal.

[Boiler 43,453]

Anyway, you say the attorney is going to ask the COA to reconsider their ruling. Chance are slim to none, all it will do is keep dad in jail longer while he waits for an answer. Chances of getting this before the Supreme Court are zero.

As to writing representatives since this is an immigration matter you would want to write to the Federal Government people, not the city or state.

You do know that although the I-130 was denied she could have always filed again. If the issues with the first denial were addressed, which I assume were he needed a waiver or the waiver was denied, it is possible to get it approved. Although now he will have to complete the process overseas with both waivers required.

As to re-opening the criminal case that won't happen. It was 15 years ago, the time limit to re-open it is long past unless, in some states, new and compelling evidence which was not available previously has been discovered. So the conviction is a done deal.

To be very picky it was 7 years ago not that I think it changes anything.

[belinda63 2,981]

Well I told you what the options are. Good luck in whatever happens.