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

[Going through 5,668]

10 minutes ago, Mitzey said:

I entered in January 2016. I'll try find the penal codes for the charge. The crime happened in around May 2017. I was sentenced to jail for 8 days, served 4 days. 52 weeks Batter's Intervention Program. 3 Years Informal Probation. Hope this helps

As your crime is quite recent, and your probation will not end until 2020, you need to be prepared to answer questions surrounding your charges if you are called for an ROC interview.   You should also, along with the court disposition document, try to get your hands on the arrest report and submit that as well.

 

Is it possible to be approved for your ROC with the DV charge and open probation?  Yes.

Is it possible you may face harsher scrutiny for the misdemeanor so soon after receiving your conditional GC?  Yes.

[mhis82 11]

Not all DV cases are " Domestic violence " Not all DV crimes are CIMT. Usually immigration officers determine their own way to determining CIMT offenses. 

Many thing been considered such as Injury, Child involvement, protective order violation, etc. 

The penal code you provided me is, seems like violation of protective orders in addition to spousal Battery or Domestic Battery. 

 

[mhis82 11]

Your Domestic Battery or Spousal battery may not CIMT, but protection order violation or additional family court issues will make it CIMT. Read USCIS policy.

 

Sexual and Family Crimes

 

It is difficult to discern a distinguishing set of principles that the courts apply to determine whether a particular offense involving sexual and family crimes is a CIMT. In some cases, the presence or absence of violence seems to be an important factor. The presence or absence of criminal intent may also be a determining factor. The CIMT determination depends upon state statutes and the controlling case law and must be considered on a case-by-case basis.

 

Offenses such as spousal or child abuse may rise to the level of a CIMT, while an offense involving a domestic simple assault generally does not. An offense relating to indecent exposure or abandonment of a minor child may or may not rise to the level of a CIMT. In general, if the person knew or should have known that the victim was a minor, any intentional sexual contact with a child involves moral turpitude. ^[6] 

[Mitzey 2]

There was a violation of a restraining order, because my wife kept contacting me and we kept getting back together, but then kept filing for a restraining order when we kept breaking up.

[Going through 5,668]

7 minutes ago, mhis82 said:

The penal code you provided me is, seems like violation of protective orders in addition to spousal Battery or Domestic Battery. 

This.

 

Breaking  your probation/protection order will be seen as worse than the actual crime committed.

You can argue with USCIS that you were wrongfully charged, but violating a protection order shows clear intent to break the law.

 

Just now, Mitzey said:

There was a violation of a restraining order, because my wife kept contacting me and we kept getting back together, but then kept filing for a restraining order when we kept breaking up.

Doesn't matter to USCIS why the violation occurred.  With them, it's all about intent, especially with CIMTs.

[Mitzey 2]

1 minute ago, Going through said:

This.

 

Breaking  your probation/protection order will be seen as worse than the actual crime committed.

You can argue with USCIS that you were wrongfully charged, but violating a protection order shows clear intent to break the law.

 

Doesn't matter to USCIS why the violation occurred.  With them, it's all about intent, especially with CIMTs.

So there is pretty much no hope I'll get approved for a 10 year GC?

[Going through 5,668]

1 minute ago, Mitzey said:

So there is pretty much no hope I'll get approved for a 10 year GC?

You have a bit of a trickier road ahead, but anything is possible.  

The issue now is your divorce, combined with your previous charges, combined with open probation, combined with violating the probation/protection order.

[Mitzey 2]

1 minute ago, Going through said:

You have a bit of a trickier road ahead, but anything is possible.  

The issue now is your divorce, combined with your previous charges, combined with open probation, combined with violating the probation/protection order.

Realistically how much roughly would I need to try and save for an Immigration/Criminal attorney, and all the USCIS fees etc? Do you think?

[mhis82 11]

Now let me tell you this, your offense DV misdemeanor is not CIMT, you can remove conditions , apply for additional benefits. But violation of protective orders might have rise it to CIMT but hey its not end of this world right?

You have two options, hire lawyer who is dual . Criminal / immigration lawyer which is not going to be cheap . DO NOT APPLY FOR ANY IMMIGRATION BENEFITS AT THIS POINT UNLESS YOU MEET WITH A LAWYER. You will be handed deportation orders instead of getting 10 years green card. 

 

There is good news for you? The good news is your in USA... And anything is possible if you have money:)

[Mitzey 2]

Just now, mhis82 said:

Now let me tell you this, your offense DV misdemeanor is not CIMT, you can remove conditions , apply for additional benefits. But violation of protective orders might have rise it to CIMT but hey its not end of this world right?

You have two options, hire lawyer who is dual . Criminal / immigration lawyer which is not going to be cheap . DO NOT APPLY FOR ANY IMMIGRATION BENEFITS AT THIS POINT UNLESS YOU MEET WITH A LAWYER. You will be handed deportation orders instead of getting 10 years green card. 

 

What kind of immigration benefits? Does that include Medi-Cal or anything like that? Not too sure about that type of stuff. How much realistically would I need?

[Going through 5,668]

3 minutes ago, Mitzey said:

Realistically how much roughly would I need to try and save for an Immigration/Criminal attorney, and all the USCIS fees etc? Do you think?

USCIS fees are pretty straightforward so you can get those straight from the website.

Many lawyers give free or low-cost consultations to shop around first with those until you find someone you are comfortable with.  The cost of your lawyer depends on the lawyer, really.  Keep in mind that many times, lawyers also separately charge for answering phone calls, each time they contact you about your case, etc. so sometimes their fees can rack up surprisingly fast.  You *may* be able to find one who will take your case pro bono (basically for free).

2 minutes ago, Mitzey said:

What kind of immigration benefits? Does that include Medi-Cal or anything like that? Not too sure about that type of stuff. How much realistically would I need?

Immigration benefits = anything involving USCIS.

[mhis82 11]

First step is to pack your stuff and move away from your wife, change your number so she dont have any contact with you, but pay your child support if she decided to put on. You still have work authorization and your social security card doesn't restrict you employment. 

Work, Work, Work and save money and hire a very good lawyer who is expert in Immigration and Criminal .  It should take care of your issue and stay out of trouble.

 

[Going through 5,668]

12 minutes ago, mhis82 said:

First step is to pack your stuff and move away from your wife, change your number so she dont have any contact with you

Might not be entirely feasible to have no contact with the ex-wife since they share a child together?

OP, is there any restrictions on child visitation put in place as part of the protective order?  

 

13 minutes ago, mhis82 said:

pay your child support if she decided to put on.

Even if there is no court ordered child support, USCIS holds the belief that child support is also a moral obligation, not just a legal one, as outlined in their adjudication manuals----OP, make sure you obtain proof of support given for the child even if no court order to do so...this proof will come in handy for you later when determining good moral character.

[mhis82 11]

11 minutes ago, Going through said:

Might not be entirely feasible to have no contact with the ex-wife since they share a child together?

OP, is there any restrictions on child visitation put in place as part of the protective order?  

 

Even if there is no court ordered child support, USCIS holds the belief that child support is also a moral obligation, not just a legal one, as outlined in their adjudication manuals----OP, make sure you obtain proof of support given for the child even if no court order to do so...this proof will come in handy for you later when determining good moral character.

I agree Going Through, i was in similar situation. My ex file false charges against me. Even through i was the one got hurt but they took me instead of her. Luckily Simple Assult is not CIMT so i was fine and able to renew my green card etc. 

But my lawyer, told me. Move away away and far away from this physco women. Thats what i did and i am fine ever since:)

 

[Going through 5,668]

I didn't  commit DV, but I do have a CIMT in my past....I understand how stressful it can be to deal with when going through immigration.

 

Speaking as a woman, we're all a little psycho...usually 'cause of the men in our lives  

 

Sorry---couldn't resist!  

 

I'm curious as to whether or not the protective order covered the wife or the wife AND the child.  Because if it covered the child when it got broken....sigh.