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

[Unidentified 2,930]

3 minutes ago, Mitzey said:

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 

It has nothing to do with what USCIS office you go to. 

 

http://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals

[Mitzey 2]

5 minutes ago, Unidentified said:

It has nothing to do with what USCIS office you go to. 

 

http://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals

I see. Thank you. It's Fourth District - Division Three, the court is still in Santa Ana

[Unidentified 2,930]

1 minute ago, Mitzey said:

I see. Thank you. It's Fourth District - Division Three, the court is still in Santa Ana

Glad you figured it out. 

[Going through 5,668]

32 minutes ago, Mitzey said:

I see. Thank you. It's Fourth District - Division Three, the court is still in Santa Ana

Ok.

 

So the Fourth District holds a stricter view when it comes to your misdemeanor domestic violence conviction.

When you broke the restraining order, what was the legal outcome of that?  Did you appear in court? Were you officially charged/convicted of a second misdemeanor as a result?

[Mitzey 2]

1 hour ago, Going through said:

Ok.

 

So the Fourth District holds a stricter view when it comes to your misdemeanor domestic violence conviction.

When you broke the restraining order, what was the legal outcome of that?  Did you appear in court? Were you officially charged/convicted of a second misdemeanor as a result?

I was convicted, was a plea of no contest. Served 4 days in jail and had 8 hours of community service. This just keeps getting worse and worse. Does the fact I would of completed the classes of 52 week batterers intervention and completed community service not come into consideration. I feel like this is just more than likely just going to end in a denial. The thought of my daughter growing up without her dad in her life is terrifying me everyday. 

[Boiler 43,561]

The time for a Lawyer was some time ago but better now than never.

[Going through 5,668]

3 hours ago, Mitzey said:

I was convicted, was a plea of no contest. Served 4 days in jail and had 8 hours of community service. This just keeps getting worse and worse. Does the fact I would of completed the classes of 52 week batterers intervention and completed community service not come into consideration. I feel like this is just more than likely just going to end in a denial. The thought of my daughter growing up without her dad in her life is terrifying me everyday. 

Two misdemeanor convictions involving domestic violence....and you live in a district that considers the offence(s) deportable.  It's certainly not the best situation for you.

 

At an immigration hearing (if/when it reaches that point) your completed intervention and completed community service will be taken into the record, of course.   They will also take into consideration you have a USC child, however given you are divorced from the mother, would be somewhat difficult to prove hardship in immigration court since the mother is already living without you and (presumably) already able to support herself and the child financially without you NEEDING to live in the US (as opposed to them moving to the UK or a third country to reunite with you)...but anything is possible.

 

Consultation with a lawyer is a good idea so as to prepare yourself for possible outcomes.

[Mitzey 2]

3 hours ago, Going through said:

Two misdemeanor convictions involving domestic violence....and you live in a district that considers the offence(s) deportable.  It's certainly not the best situation for you.

 

At an immigration hearing (if/when it reaches that point) your completed intervention and completed community service will be taken into the record, of course.   They will also take into consideration you have a USC child, however given you are divorced from the mother, would be somewhat difficult to prove hardship in immigration court since the mother is already living without you and (presumably) already able to support herself and the child financially without you NEEDING to live in the US (as opposed to them moving to the UK or a third country to reunite with you)...but anything is possible.

 

Consultation with a lawyer is a good idea so as to prepare yourself for possible outcomes.

I'm really grateful for your help and words of wisdom. Truly.  The mother and I are back together, living separately for now, but will be moving in together eventually before the year is through. No talk of re-marriage as of yet. She is only able to barely support herself and our daughter because as part of the divorce I was ordered to pay $600 a month in child support. If it wasn't for that, she wouldn't be able to support our child. So she does rely on me to support our child. 

[Going through 5,668]

5 hours ago, Mitzey said:

I'm really grateful for your help and words of wisdom. Truly.  The mother and I are back together, living separately for now, but will be moving in together eventually before the year is through. No talk of re-marriage as of yet. She is only able to barely support herself and our daughter because as part of the divorce I was ordered to pay $600 a month in child support. If it wasn't for that, she wouldn't be able to support our child. So she does rely on me to support our child. 

Child support can be sent from anywhere in the world to the US through money transfers, postal system, etc.

 

How old is the child?  The younger the better, in cases such as these...

Edited April 9, 2018 by Going through

[geowrian 22,336]

Keep it civil guys...

Don't provoke.

Personal attacks are against the TOS.

Telling a user not to comment is against the TOS.

[Mitzey 2]

18 hours ago, Going through said:

Child support can be sent from anywhere in the world to the US through money transfers, postal system, etc.

 

How old is the child?  The younger the better, in cases such as these...

I just seen your edit. She is going to be 2 years old in June.

[Going through 5,668]

5 hours ago, Mitzey said:

I've spoken to multiple lawyers who have told me they can help me and it is possible to remove the conditions.

Just a note on this.

 

Some lawyers will tell you anything to get your money sometimes---as I'm sure you probably know.  When you decide on a lawyer to go with, my strong suggestion is to find one that is not only an immigration lawyer but also has a sucessful background dealing with applicants with a similar criminal history like yours.

[FrenchKat 32]

I was not trying to be mean or anything but let’s look at your situation, you have been in jail twice, once for domestic violence and once for violating your order . 

What else can we say???? 

I have 2 children with my American citizen spouse, one whom is 3 one whom just turned 1 a month ago. If he ever put his hand on me that would be a wrap ( kids or no kids) 

i was just saying that it seems this relationship is really bad for u guys. U are right I don’t know anything about u but you are the one who asked for our opinion as far as iam concerned and I gave you mine : I think you will be denied but as you said iam no lawyer or no judge for sure. 

Good luck with your situation that’s all 

 

 

[Boiler 43,561]

I am unclear if you have appointed a Lawyer yet?

[Mitzey 2]

2 hours ago, Boiler said:

I am unclear if you have appointed a Lawyer yet?

I've spoken to a fair few. The majority all sounded confident about removing conditions despite the convictions. But like was said. To me it sounds like they're just trying to get my hopes up to get my money. It's cruel if that's the only reason they're doing that. But yeah I have a few consultations coming up to speak further about it. Most of them have just said it's possible, just a case of jumping through a lot of hoops. But I don't know. I think my best bet, is if it came to immigration court and a defense there. It's just the time in between that's torture, because I'm always unsure if this will be the last year I get to spend with my daughter before we're torn apart 5,000 miles.