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alfonso ramos

Removal of condition and deportation

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Hi guys,

 

I got to the US a year and a half ago with a k1 visa. I got married and i got my 2 years conditional green card. Recently, i got in a fight with my wife and i pushed her and she got bruises , she called the police and i got arrested and charged with assault 4 domestic violence,even though my wife said that i am not criminal and that i made a mistake and that she blocked me in the house ect...i still went to jail. I am now out of jail and i don't understand what is going on and if i still can stay here and remove condition. I am afraid i will be deported or i will not get my 10 years green card. Did anybody go through this or know to answer me with what i should do now. I am not a criminal , i have never been even pulled over by cops, it is my first time in a situation like this. I feel like what happened to me is not fair. I am now facing deportation and not being here legally for a small mistake.

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What was the ultimate disposition of your criminal case? 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Assaulting another person, in particular your spouse, is not a "small mistake". That said, this question is well beyond what this forum can handle. You should consult an immigration attorney.

 

Also, I would not be posting any specifics of the case in a public forum, if I were you (in particular since you seem to be using your full name as a forum nickname).

 

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i said a small mistake coz i am the one that knows the circumstances...i got arrested just because i am not an american and i am also a man...they did not even ask me what happened...i also got hurt and i reacted...i did not have money to afford for an attorney so they just did whatever. I did not want to talk about this coz i thought nobody is interested to know. I just want to know the consequences of this and if i still can remove condition.

 

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The fact that you are the one who got arrested and she did not shows that you are the one who did something wrong. She has the bruises! How can you hit your wife? Everyone is right you broke the law, you hit her. This is not something small. You should realize what you did and worry about your marriage and your anger, not finding a way to stay here. If your wife is helping you, that is because she loves you. She was obviously afraid of you. What Jordan8768 said is right--it's not fair to abuse her. Have you even thought about what this is doing to her? 

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There is no simple answer to your question. As other have stated DV is a serious offence. It is possible to ROC with a conviction for it, and it is also possible to be deemed inadmissible/placed in deportation proceedings. Most people in this situation opt to try to change the original court findings. There are ways to appeal your conviction/have it changed to an offence that is not counted by USCIS. This can be done even after the case is completed. You will have to speak to a local criminal defense attny as well as an immigration one.

 

The laws are complex and I am not an attny in your local area so I have no idea if the charge you got is counted by immigration. Its doubtful anyone here knows either. Speak to a local immigration attny.


Yes, often I seem like I consider myself the sheriff of VJ riding around a high horse, but I assure you I make plenty of mistakes and are grateful to those who correct me, and yes I know the TOS does not require you to actually read before replying. But VJ forums contents are generated by its users and if we as users want it to remain to be a source of credible, verifiable information, and advice -its up to us to keep it that way by taking care to read and reply carefully.

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29 minutes ago, alfonso ramos said:

i said a small mistake coz i am the one that knows the circumstances...i got arrested just because i am not an american and i am also a man...they did not even ask me what happened...i also got hurt and i reacted...i did not have money to afford for an attorney so they just did whatever. I did not want to talk about this coz i thought nobody is interested to know. I just want to know the consequences of this and if i still can remove condition.

 

Your nationality and sexuality/gender have nothing to do with it at all. A vast majority of states are taking a very hard line on this issue of Domestic Violence. So you got arrested and charged with DV we understand that fact from what you are saying. 

 

The question we are trying to learn is if the case is still ongoing or is the case finished, if it is finished then what was the ending or disposition from the case? Where you charged and not convicted or charged and convicted? 

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44 minutes ago, alfonso ramos said:

I think my question is clear...if you don't have an answer just move on

This is a public forum and people may comment as they please as long as it does not breach TOS. 

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I don't understand why nobody is answering my questions...i am not asking if i am wrong or not or how do i need to feel about this. I just want to know from someone that have experienced this situation, if this can lead to deportation and if i can remove condition. Last time i am going to talk about what happened, my wife have an anxiety problems, she hides my stuff...i didn't have my keys ,my wallet and i couldnt leave the house ...all what i did is trying to leave. I said it is not fair coz the assault i was charged with says using violence to intentionally hurt the other person and this did not happen.

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