Domestic Violence conviction and Divorce. Can I still remove my Green Card conditions for a 10 year GC?

[Villanelle 4,121]

You have to remember that no attny will guarantee results. If they do thats a big red flag. BTW Sandra is an attny and she previously commented here that it is her opinion you will be denied by USCIS and need to go to court. Keep in mind though she is based out of NY- so its not the same district you are in. ''

 

Like I said before there is a chance an attny can help during the USCIS process. If Officers there know the local district court will approve/override their decision of no they may say yes. When you speak to attnys specifically ask about how the statute of inadmissibility  applies and if they anticipate a denial from USCIS and how they will proceed in immigration court... They should be able to quote you previous BIA (board of appeals) decisions fom your district that set precedence for you to be approved. 

 

Is there anychance of having your daughter  and your wife(youd have to remarry) move to the UK? WHat about attempting to change your plea/conviction to something more immigration friendly? Thats what most people attempt to do in these situations. 

[Mitzey 2]

8 minutes ago, Damara said:

You have to remember that no attny will guarantee results. If they do thats a big red flag. BTW Sandra is an attny and she previously commented here that it is her opinion you will be denied by USCIS and need to go to court. Keep in mind though she is based out of NY- so its not the same district you are in. ''

 

Like I said before there is a chance an attny can help during the USCIS process. If Officers there know the local district court will approve/override their decision of no they may say yes. When you speak to attnys specifically ask about how the statute of inadmissibility  applies and if they anticipate a denial from USCIS and how they will proceed in immigration court... They should be able to quote you previous BIA (board of appeals) decisions fom your district that set precedence for you to be approved. 

 

Is there anychance of having your daughter  and your wife(youd have to remarry) move to the UK? WHat about attempting to change your plea/conviction to something more immigration friendly? Thats what most people attempt to do in these situations. 

Thank you so much for that advice. That was a really helpful point to make when I speak to the attorneys. 

 

And Yeah we'd discussed the possibility of them moving to the UK eventually if I did get deported. But I really don't even want to go back there. I wanted to start a new life and start a family here. I love living here and dedicated myself to this move. I really just want to stay here.

[Villanelle 4,121]

Also I think the charge of violating the protection order is much more serious then the DV claim. 

 

Matter of R-S-H-, 23 I&N Dec. 629 (BIA 2003)

(1) Under 8 C.F.R. § 1003.46(i) (formerly 8 C.F.R. § 3.46(i)), the mandatory consequence for violating a protective order is that the respondent becomes ineligible for any form of discretionary relief, except for bond.

(2) The mandatory consequence for breaching a protective order will be applied unless a respondent fully cooperates with the Government in any investigation relating to the noncompliance and, additionally, establishes by clear and convincing evidence either that extraordinary and extremely unusual circumstances exist or that failure to comply with the protective order was beyond the control of the respondent and his or her attorney or accredited representative.

(3) The presence of federal employees, including court personnel or Department of Justice attorneys, at a closed hearing where a protective order is discussed does not violate the protective order regulations.

(4) The respondent is ineligible for any form of discretionary relief, except for bond, because a protective order issued by the Immigration Judge was violated by disclosure of protected information to unauthorized persons.

 

------------------

 

Domestic Battery

Matter of Sanudo, 23 I&N Dec. 968 (BIA 2006)

(1) An alien's conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a "crime involving moral turpitude" within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).

(2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a "crime of violence" under 18 U.S.C. § 16 (2000), such that it may be considered a "crime of domestic violence" under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.

 

 

Google the court cases and read the dockets/summaries. Make note of some of the statutes mentioned and ask attnys specifically about them. But honestly this is outside of the DIY realm. Immigration law is complex so you will need an attny. Do you need help finding a probono attny? I can try to dig up some links if you need it, but honestly google is your friend. 

[Penguin_ie 5,986]

***** Two posts and one quoting removed.  Be polite and if you don;t have anything contructive to add, don't post ******

[Boiler 43,696]

The only thing that is absolutely clear is that if you are serious about staying in the US then a competent Lawyer is needed, Immigration Law is Federal but in this case I would want someone familiar with the local Court.

[Mitzey 2]

On 4/10/2018 at 9:50 AM, Damara said:

Also I think the charge of violating the protection order is much more serious then the DV claim. 

 

Matter of R-S-H-, 23 I&N Dec. 629 (BIA 2003)

(1) Under 8 C.F.R. § 1003.46(i) (formerly 8 C.F.R. § 3.46(i)), the mandatory consequence for violating a protective order is that the respondent becomes ineligible for any form of discretionary relief, except for bond.

(2) The mandatory consequence for breaching a protective order will be applied unless a respondent fully cooperates with the Government in any investigation relating to the noncompliance and, additionally, establishes by clear and convincing evidence either that extraordinary and extremely unusual circumstances exist or that failure to comply with the protective order was beyond the control of the respondent and his or her attorney or accredited representative.

(3) The presence of federal employees, including court personnel or Department of Justice attorneys, at a closed hearing where a protective order is discussed does not violate the protective order regulations.

(4) The respondent is ineligible for any form of discretionary relief, except for bond, because a protective order issued by the Immigration Judge was violated by disclosure of protected information to unauthorized persons.

 

------------------

 

Domestic Battery

Matter of Sanudo, 23 I&N Dec. 968 (BIA 2006)

(1) An alien's conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a "crime involving moral turpitude" within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).

(2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a "crime of violence" under 18 U.S.C. § 16 (2000), such that it may be considered a "crime of domestic violence" under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.

 

 

Google the court cases and read the dockets/summaries. Make note of some of the statutes mentioned and ask attnys specifically about them. But honestly this is outside of the DIY realm. Immigration law is complex so you will need an attny. Do you need help finding a probono attny? I can try to dig up some links if you need it, but honestly google is your friend. 

I did try looking for a Pro Bono attorney, but like was stated before, they usually only really want to help "victims'. Legal Aid said no and couldn't really find anything else. Wouldn't even mind a partially paid/pro bono attorney. 

 

I do have a couple of consultations coming up. I checked out the background of the attorneys and they seem more than qualified to help. But both just said removing the ROC wouldn't be a problem and it could be done. Like it was easy. So makes me concerned they're just saying that for my money.

[Villanelle 4,121]

probono services- 

 

https://www.justia.com/lawyers/immigration-naturalization/california/orange-county/legal-aid-and-pro-bono-services

 

https://www.justia.com/lawyers/immigration-naturalization/california/costa-mesa/legal-aid-and-pro-bono-services

 

paid attys you can email-

 

https://www.justia.com/lawyers/immigration-naturalization/california/orange-county

 

Try these links. Do your best to portray yourself as a victim who was charged with DV. (it happens). As I said before question any attny that you speak to thoroughly. Ask about the convictions and the statute of inadmissibility and how it applies.

[Mitzey 2]

Hello, I just wanted to give everyone an update on regarding this case. I was approved for my 10 year Green Card! I honestly have no idea how my attorney managed it, but I got the 10 year green card no issues at all. I didn't even get called for an interview for it with immigration, despite having multiple convictions of Domestic Violence(Which I didn't even commit, my ex-wife self inflicted injuries to get me arrested). I also had a further conviction I got even after I had applied to remove the conditions of my green card, where I was charged for possession of a firearm from my trip to Las Vegas for just going to a legal firing range. My ex-wife had filed a police report from California to LVPD to say I had been to a firing range and had shown them screenshots of me from my social media of me attending the firing range. I was convinced that having 2 convictions of DV alone would have made me deportable. Then with the following conviction of Possession of a Firearm a couple of years later, I was sure I had secured all the nails in my immigration coffin. But I kept tracking my progress, and step by step, I got the 16 month extension on my Green Card first, the the last time I checked my status it just said I had been approved and that the 10 year green card had been sent to my address. I received it a couple of days later. So wanted to provide this update just to let everyone know, I wasn't deported, against all the odds favoured against me, and I hope this can bring some hope and positivity towards anyone who might be going through a similar ordeal or scenario as I have. If you have multiple convictions which are deemed deportable, it does not necessarily mean you will be deported. Best of luck to everyone on their journey. Thank you to my wonderful team of attorneys and thank you America for having and accepting me!

Edited June 1, 2020 by Mitzey

[JayDGODITRUST 132]

On 6/1/2020 at 7:17 PM, Mitzey said:

Hello, I just wanted to give everyone an update on regarding this case. I was approved for my 10 year Green Card! I honestly have no idea how my attorney managed it, but I got the 10 year green card no issues at all. I didn't even get called for an interview for it with immigration, despite having multiple convictions of Domestic Violence(Which I didn't even commit, my ex-wife self inflicted injuries to get me arrested). I also had a further conviction I got even after I had applied to remove the conditions of my green card, where I was charged for possession of a firearm from my trip to Las Vegas for just going to a legal firing range. My ex-wife had filed a police report from California to LVPD to say I had been to a firing range and had shown them screenshots of me from my social media of me attending the firing range. I was convinced that having 2 convictions of DV alone would have made me deportable. Then with the following conviction of Possession of a Firearm a couple of years later, I was sure I had secured all the nails in my immigration coffin. But I kept tracking my progress, and step by step, I got the 16 month extension on my Green Card first, the the last time I checked my status it just said I had been approved and that the 10 year green card had been sent to my address. I received it a couple of days later. So wanted to provide this update just to let everyone know, I wasn't deported, against all the odds favoured against me, and I hope this can bring some hope and positivity towards anyone who might be going through a similar ordeal or scenario as I have. If you have multiple convictions which are deemed deportable, it does not necessarily mean you will be deported. Best of luck to everyone on their journey. Thank you to my wonderful team of attorneys and thank you America for having and accepting me!

Hey my friend hats off to the Glory of GOD

I’m sorry you fell into that mess but hey all praises to someone greater than us all

live your life be happy and I know the feeling of being in a situation where you’re less giving any chance to prove yourself innocent. 
thanks to GOD you’re okay

[JayDGODITRUST 132]

On 6/1/2020 at 7:17 PM, Mitzey said:

Hello, I just wanted to give everyone an update on regarding this case. I was approved for my 10 year Green Card! I honestly have no idea how my attorney managed it, but I got the 10 year green card no issues at all. I didn't even get called for an interview for it with immigration, despite having multiple convictions of Domestic Violence(Which I didn't even commit, my ex-wife self inflicted injuries to get me arrested). I also had a further conviction I got even after I had applied to remove the conditions of my green card, where I was charged for possession of a firearm from my trip to Las Vegas for just going to a legal firing range. My ex-wife had filed a police report from California to LVPD to say I had been to a firing range and had shown them screenshots of me from my social media of me attending the firing range. I was convinced that having 2 convictions of DV alone would have made me deportable. Then with the following conviction of Possession of a Firearm a couple of years later, I was sure I had secured all the nails in my immigration coffin. But I kept tracking my progress, and step by step, I got the 16 month extension on my Green Card first, the the last time I checked my status it just said I had been approved and that the 10 year green card had been sent to my address. I received it a couple of days later. So wanted to provide this update just to let everyone know, I wasn't deported, against all the odds favoured against me, and I hope this can bring some hope and positivity towards anyone who might be going through a similar ordeal or scenario as I have. If you have multiple convictions which are deemed deportable, it does not necessarily mean you will be deported. Best of luck to everyone on their journey. Thank you to my wonderful team of attorneys and thank you America for having and accepting me!

Also I wanna let you know I read every feedback in this thread and not all was in best wishes for you but hey

everyone has their freedom of speech

my friend I’m happy for you 

[Mitzey 2]

8 hours ago, JayDGODITRUST said:

Also I wanna let you know I read every feedback in this thread and not all was in best wishes for you but hey

everyone has their freedom of speech

my friend I’m happy for you 

Most people are just pessimistic and have no faith at all. But now my story can stand as a testament of hope for others.

[JayDGODITRUST 132]

14 hours ago, Mitzey said:

Most people are just pessimistic and have no faith at all. But now my story can stand as a testament of hope for others.

You are absolutely right

im glad you’re stress level is low and moving on with your life: GOD bless you.