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Babygyrl233 Contributor

Babygyrl233   2

Posted
Filed: K-1 Visa Country: Ghana
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Husband has a 10 year green card. Got arrested for domestic violence. He has to do 12 anger management classes within 3 months to get the case dismissed. The arrest will still be on his record but the misdemeanor charge will not if he completes his classes. He has a restraining order against him for domestic violence for 3 years. My question is does uscis know this now? Even though the conviction will not be on his record, is this not grounds for deportation? I've read it isn't. A separation of marriage will be filed too.

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Riivee718 Rookie

Riivee718   0

Posted
Filed: AOS (pnd) Timeline
Posted

Husband has a 10 year green card. Got arrested for domestic violence. He has to do 12 anger management classes within 3 months to get the case dismissed. The arrest will still be on his record but the misdemeanor charge will not if he completes his classes. He has a restraining order against him for domestic violence for 3 years. My question is does uscis know this now? Even though the conviction will not be on his record, is this not grounds for deportation? I've read it isn't. A separation of marriage will be filed too.[/

USCIS knows everything , we have been watched by all the government agencies. Along he doesn't conspire against the government,won't be deported from USA.

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Khal_Drogo Enthusiast

Khal_Drogo   50

Posted
Filed: Citizen (apr) Country: Bulgaria
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Posted

Husband has a 10 year green card. Got arrested for domestic violence. He has to do 12 anger management classes within 3 months to get the case dismissed. The arrest will still be on his record but the misdemeanor charge will not if he completes his classes. He has a restraining order against him for domestic violence for 3 years. My question is does uscis know this now? Even though the conviction will not be on his record, is this not grounds for deportation? I've read it isn't. A separation of marriage will be filed too.[/

USCIS knows everything , we have been watched by all the government agencies. Along he doesn't conspire against the government,won't be deported from USA.

Eh...speaking as someone who has to strap himself to a polygraph machine every few years and has spent the better part of the last nine years networking with agents of ICE, DHS, the FBI, AFOSI, and OPM, I can tell you with 100% confidence: they don't care about you, nor do they watch you. Oh, sure, your records are there for them to see, but unless you grant them permission, they won't know. Now, denying them permission will be worse than letting them see an arrest (because at least with the latter they will see you're willing to be honest), but they don't necessarily know right off the bat.

I am the USC.

The member "Khaleesi" is my beautiful wife.

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TBoneTX Grand Master

TBoneTX   43,487

Posted
Filed: Citizen (apr) Country: Ecuador
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A noncontributory, assaultive post and replies to it have been removed. Post constructively, or don't post.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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blest.but.strest Enthusiast

blest.but.strest   50

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Husband has a 10 year green card. Got arrested for domestic violence. He has to do 12 anger management classes within 3 months to get the case dismissed. The arrest will still be on his record but the misdemeanor charge will not if he completes his classes. He has a restraining order against him for domestic violence for 3 years. My question is does uscis know this now? Even though the conviction will not be on his record, is this not grounds for deportation? I've read it isn't. A separation of marriage will be filed too.

USCIS most probably knows that he got arrested, law enforcement agencies must report arrest of non citizens to USCIS/ICE but not all Law enforcement agencies do. USCIS/ICE will not do anything to him unless he was already on deportation row or unless he was already wanted by USCIS. Instead USCIS/ICE will wait for the cases final disposition, and will decide what to do at that point.

If your husband or any defendant pleads GUILTY to a crime in front of a judge, even if the charges are subsequently dismissed thru a diversion program of any sort (anger management classes, community service, restitution etc...), he can still face deportation or face issues with USCIS/ICE during naturalization process, due to the fact that he pleaded guilty to a crime.

If your husband or any defendant pleads NOT guilty and then participates to a diversion program, completes it, and gets his charges dismissed, USCIS/ICE has no grounds to penalize him in any way, and he will have no problems at all, as long as he discloses his arrest and provides the courts disposition when ever he is asked for it by USCIS.

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