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

[mhis82 11]

P.C.

§243(e)(1)

Battery

against

spouse

Not a COV, but

see Advice re

ROC.

Not a CIMT,

but see

Advice re

ROC

Not a deportable

crime of DV

because not a COV.

Also see Advice.

Keep minor V’s age

out or ROC to

prevent crime of

child abuse, but see

also PC 203.

Generally, see

Note: Violence,

Child Abuse

Excellent immigration plea

because minimum conduct is an

offensive touching, it is never a

COV or CIMT.59 See also 236.

Because this is not a COV, D can

accept stay-away order or similar

probation conditions without

243(e) becoming a deportable DV

offense. But if in the future a

court finds D violates any DV

stay-away order, this will make D

deportable; see 273.6.

In case imm authorities wrongly

consult the ROC instead of using

the minimum conduct test, best

practice is to keep violence out of

ROC or plead to offensive

touching, where that is possible.

But this is not legally necessary to

prevent a COV or CIMT. See

Note: Violence, Child Abuse.

DACA/DAPA: This has been

treated as a significant misd for

DACA. While recent FAQ’s

indicate this ought to change, it

still may be

[Villanelle 4,121]

@mhis82 - I have no idea what you are posting about or where it came from.

 

Sandra already answered the question. There is no guarantee he will be able to ROC. It is up to their discretion. If they choose to deny him (in her opinion they will) then its up to the circuit courts. And she was generous enough to outline how that works. 

[mhis82 11]

3 hours ago, Damara said:

@mhis82 - I have no idea what you are posting about or where it came from.

 

Sandra already answered the question. There is no guarantee he will be able to ROC. It is up to their discretion. If they choose to deny him (in her opinion they will) then its up to the circuit courts. And she was generous enough to outline how that works. 

https://www.ilrc.org/sites/default/files/resources/9_violence_dv_child_abuse_2014_final.pdf

[Mitzey 2]

Hi everyone. Just wanted to give an update. I'm 44 weeks into my Batterer's Treatment program, so only 8 more classes to go before it's completed. My Conditional 2 year Green Card expires at the end of this year in December. My ex-wife and I are back in a relationship together. But we're both still really concerned about the possibility of me being denied ROC and not being able to obtain my 10 year green card. 

 

I've been searching the internet for months trying to find "success" stories about people who have been able to ROC and be granted 10 year green card, despite being divorced and having a DV and violation of restraining order conviction. I haven't found anything, so I'm constantly in fear that it'll all be for nothing and I'll just be denied and deported when the times comes. And I'm terrified because I don't want to be taken away from my daughter here. It's not as if I'm being deported across the border. The UK is 5,000 miles away and it'll make it near impossible for me to be in my child's life. 

 

Would anyone know realistically how much I would need for an immigration attorney to guide me through this complicated process? I just need any kind of glimmer of hope. Thank you.

[Boiler 43,550]

Would certainly be unusual, let us know how it goes.

[Going through 5,668]

Good that you are sticking with your program.

If things continue to work out with your ex-wife perhaps you might want to consider the possibility of her and the child moving to the UK with you.

[Mitzey 2]

6 hours ago, Going through said:

Good that you are sticking with your program.

If things continue to work out with your ex-wife perhaps you might want to consider the possibility of her and the child moving to the UK with you.

That wouldn't be fair to make them do that. I really would just like to stay here and become a 10 year green card holder. I'm not a criminal. I'm a family man, I just want to be a good father for my daughter and be with the woman I love. It's cruel how things are up in the air and so uncertain 

[Going through 5,668]

43 minutes ago, Mitzey said:

That wouldn't be fair to make them do that. I really would just like to stay here and become a 10 year green card holder. I'm not a criminal. I'm a family man, I just want to be a good father for my daughter and be with the woman I love. It's cruel how things are up in the air and so uncertain 

The officer at your interview has to determine you fit the same criteria as others approved for ROC.  If you don't fit the criteria, they have no choice but to deny you.  You are able to remove conditions using the divorce waiver, but the chances of approval aren't as great with the DV conviction plus the protective order violation under your belt.  Basically up to the discretion of the officer assessing you, in this case.  

 

Make sure you submit proof of completing the Batterer's Treatment program, as well as certified court dispositions.

[Villanelle 4,121]

22 hours ago, Mitzey said:

Hi everyone. Just wanted to give an update. I'm 44 weeks into my Batterer's Treatment program, so only 8 more classes to go before it's completed. My Conditional 2 year Green Card expires at the end of this year in December. My ex-wife and I are back in a relationship together. But we're both still really concerned about the possibility of me being denied ROC and not being able to obtain my 10 year green card. 

 

I've been searching the internet for months trying to find "success" stories about people who have been able to ROC and be granted 10 year green card, despite being divorced and having a DV and violation of restraining order conviction. I haven't found anything, so I'm constantly in fear that it'll all be for nothing and I'll just be denied and deported when the times comes. And I'm terrified because I don't want to be taken away from my daughter here. It's not as if I'm being deported across the border. The UK is 5,000 miles away and it'll make it near impossible for me to be in my child's life. 

 

Would anyone know realistically how much I would need for an immigration attorney to guide me through this complicated process? I just need any kind of glimmer of hope. Thank you.

No one is going to be able to give you a quote for attny fees. Contact attnys and find out. (but I suspect it will be thousands). I also dont believe there is much they will be able to do for you during the actual ROC process. As stated before the Officer is bound by the current policies and laws. Perhaps the attny can make a case for you during ROC but probably their services will be used AFTER a denial when you are fighting in immigration court. Did you read Sandras post from last year? What district are you in? 

 

Also no one demands you go back to the UK. Just that you leave the US. Perhaps living on the border is feasible for you?

[Mitzey 2]

4 minutes ago, Damara said:

No one is going to be able to give you a quote for attny fees. Contact attnys and find out. (but I suspect it will be thousands). I also dont believe there is much they will be able to do for you during the actual ROC process. As stated before the Officer is bound by the current policies and laws. Perhaps the attny can make a case for you during ROC but probably their services will be used AFTER a denial when you are fighting in immigration court. Did you read Sandras post from last year? What district are you in? 

 

Also no one demands you go back to the UK. Just that you leave the US. Perhaps living on the border is feasible for you?

What do you mean by district? I'm in Orange County, CA. I wouldn't want to move to Canada or Mexico. I have absolutely no connections there. If I was denied and told I had to leave the US. I would just go back to my family in the UK. But I don't believe it should come to that, I don't want to be ripped apart 5,000 miles away from my daughter and the mother of our daughter. I didn't even do what I was convicted of, and I'm still taking all these classes and paying the fines and fees, but it seems like it's a losing battle and nothing I do is going to help.  And surely an attorney would be able to help me when it comes to ROC, because I can't file all the paperwork myself, I would need help and advice and everything.

[Going through 5,668]

20 minutes ago, Mitzey said:

What do you mean by district? I'm in Orange County, CA. I wouldn't want to move to Canada or Mexico. I have absolutely no connections there. If I was denied and told I had to leave the US. I would just go back to my family in the UK. But I don't believe it should come to that, I don't want to be ripped apart 5,000 miles away from my daughter and the mother of our daughter. I didn't even do what I was convicted of, and I'm still taking all these classes and paying the fines and fees, but it seems like it's a losing battle and nothing I do is going to help.  And surely an attorney would be able to help me when it comes to ROC, because I can't file all the paperwork myself, I would need help and advice and everything.

An attorney can help you with filing the ROC paperwork, for sure.  But at that point, you're retaining them for a huge fee to do something you could do yourself---fill out information on an application----because unfortunately there's nothing the lawyer can do to change immigration law that the IO officer must follow.  In my opinion, better to do the forms yourself since all you need to do for the criminal aspect of it is send in the court certified disposition, and copy of the record of completing the Batterer's Treatment program.

 

You say you're innocent of the DV crime (not saying you aren't---however you did take a plea-deal which is still a finding of guilt in the eyes of immigration)....but even so, you are still guilty (by your own admission) of violating the protection order.

 

If you prefer the services of a lawyer,  try to find one pro-bono, because honestly you would be wasting a lot of money paying towards what ends up a denial. 

Or, as mentioned earlier, pay for a lawyer AFTER the denial when you are in court fighting deportation.

Edited April 8, 2018 by Going through

[Mitzey 2]

4 minutes ago, Going through said:

An attorney can help you with filing the ROC paperwork, for sure.  But at that point, you're retaining them for a huge fee to do something you could do yourself---fill out information on an application----because unfortunately there's nothing the lawyer can do to change immigration law that the IO officer must follow.  In my opinion, better to do the forms yourself since all you need to do for the criminal aspect of it is send in the court certified disposition, and copy of the record of completing the Batterer's Treatment program.

 

You say you're innocent of the DV crime (not saying you aren't---only you know the truth of the matter)....but even so, you are still guilty (by your own admission) of violating the protection order.

 

If you prefer the services of a lawyer,  try to find one pro-bono, because honestly you would be wasting a lot of money paying towards what ends up a denial. 

Or, as mentioned earlier, pay for a lawyer AFTER the denial when you are in court fighting deportation.

So do you think there's absolutely not a chance I'll be approved initially after filling the application, regardless if I have a attorney to help or not?

Also, do you happen to know if I'd still be given a year extension after I apply, whether it'll be denied or not?

[Going through 5,668]

9 minutes ago, Mitzey said:

So do you think there's absolutely not a chance I'll be approved initially after filling the application, regardless if I have a attorney to help or not?

Slim chance.  An attorney does not raise your chances of ROC approval, as, once more, they cannot change immigration law or "convince" an IO to approve you.  Even if the attorney attended an interview with you, they would not even be permitted to speak/answer any question on your behalf unless directly spoken to by the officer.  So it's not like an attorney can sway their decision in any way.

 

Again, all depends on the person assessing your case as explained a few times in this thread, and their discretion.

 

9 minutes ago, Mitzey said:

Also, do you happen to know if I'd still be given a year extension after I apply, whether it'll be denied or not?

After you file the ROC you will have authorized stay in the USA until either your ROC is approved (and you receive the 10-year green card), or your ROC is denied (and you receive a Notice To Appear for an immigration/deportation hearing where a judge will decide your fate then).

 

 

Edited April 8, 2018 by Going through

[Villanelle 4,121]

Yeah I understand moving to a border town may not be possible. I was just throwing it out there as a possibility. 

 

Anyway--- you dont seem to be well versed in the legal aspects of immigration so Im going to try to explain this to you in plain English. - Immigration is federal. All of USCIS goes by the same federal statutes. The immigration courts go by districts. you can use google to find out what district you are in.) So USCIS will review your ROC and use the federal guidelines which basically state no ROC for you because of the convictions. You will then be sent to immigration court where depending on the district they interpret the federal statutes differently. Quoting Sandra "Your faith  will depend  on where you live,  because  The United States Courts of Appeals have different understanding  about misdemeanor involving  domestic violence, for example the 2nd, Fourth, Sixth, Ninth and Tenth Circuits held that physical force means violent force   and that the person should be removed on the basis of  one  misdemeanor crime of domestic violence but other Circuits held that physical force involve application of force, however slight.  Here is one decision of the Board Of Immigration about domestic violence for you to have a better idea how each Circuit decides about deportability involving a crime of domestic .violence ".

 

Does that make sense? IF you live in a district that does not consider it deportable you will be able to win in immigration court with the help of an attny. You really need to speak to local attnys to find out how your district handles it. 

 

If you get an attny to help file your ROC and you live in a favorable district PERHAPS they can make the case with USCIS and get USCIS to approve you. But its a slim chance since as stated they go by federal policies which say its a no. People have also been able to go back and change their pleas in court from DV to a charge that has no impact on immigration. This would involve using an immigration attny and a criminal attny. Look into probono groups as well as private attnys. However be advised that you pleaded guilty and it may be hard to find a pro bono attny to help you. They typically like to help "victims" not perpetrators. 

[Mitzey 2]

17 minutes ago, Damara said:

Yeah I understand moving to a border town may not be possible. I was just throwing it out there as a possibility. 

 

Anyway--- you dont seem to be well versed in the legal aspects of immigration so Im going to try to explain this to you in plain English. - Immigration is federal. All of USCIS goes by the same federal statutes. The immigration courts go by districts. you can use google to find out what district you are in.) So USCIS will review your ROC and use the federal guidelines which basically state no ROC for you because of the convictions. You will then be sent to immigration court where depending on the district they interpret the federal statutes differently. Quoting Sandra "Your faith  will depend  on where you live,  because  The United States Courts of Appeals have different understanding  about misdemeanor involving  domestic violence, for example the 2nd, Fourth, Sixth, Ninth and Tenth Circuits held that physical force means violent force   and that the person should be removed on the basis of  one  misdemeanor crime of domestic violence but other Circuits held that physical force involve application of force, however slight.  Here is one decision of the Board Of Immigration about domestic violence for you to have a better idea how each Circuit decides about deportability involving a crime of domestic .violence ".

 

Does that make sense? IF you live in a district that does not consider it deportable you will be able to win in immigration court with the help of an attny. You really need to speak to local attnys to find out how your district handles it. 

 

If you get an attny to help file your ROC and you live in a favorable district PERHAPS they can make the case with USCIS and get USCIS to approve you. But its a slim chance since as stated they go by federal policies which say its a no. People have also been able to go back and change their pleas in court from DV to a charge that has no impact on immigration. This would involve using an immigration attny and a criminal attny. Look into probono groups as well as private attnys. However be advised that you pleaded guilty and it may be hard to find a pro bono attny to help you. They typically like to help "victims" not perpetrators. 

I'm sorry I'm a little slow on how things work here. I'm still really confused by your response. I tried using google to tell me what District I'm in, but I don't know what I'm looking for. I live in Anaheim, CA. Orange County. The USCIS office I go to apply is Santa Ana, CA. I don't know how I'm to find my district with that information. I really appreciate your help and advice