permanent green card- domestic violence record

[Boiler 43,704]

23 minutes ago, Damara said:

Please read the entire thread. He was arrested and the charges dropped. There is no conviction just an arrest. That has no impact on ROC. 

Reading the thread before replying is not a VJ requirement. there would be a lot of deleted posts if it was.

[My America 1]

14 hours ago, bakphx1 said:

I'm still not sure he gets to go on his happy way.  Do you know if his DV arrest still has pending charges?  A conviction for DV is a deportable offense.  He still has to remove conditions for his green card after two years.  If I were you, I would go submit your divorce papers and a letter stating he was arrested for DV and anything you can offer to show he fooled you into a visa so he won't qualify for a waiver.  

 

How long ago did he go to jail?  Could charges be pending? 

He was in Jail for one day on 07/24/2017 and no further charges where against him. He got his 2 year provisional green card. His work permit expires in 04/28/2018 and in october this year would be 2 years since he arrived to the states. He divorced me on 02/23/2018 

[My America 1]

8 hours ago, bad4tatt said:

at the same time, when he goes to get his conditions removed he has to file a waiver based on divorce but then it's upon him to prove he married in good faith and not for a green card.

Should i still report this to the immigration department i have a video in where he says he married me because i was nice to him but he will not spend the rest of his life sleeping with someone he doesn’t love. That he is now in America and it suck and i suck to. His words on the video. 

[bakphx1 785]

6 hours ago, Damara said:

Please read the entire thread. He was arrested and the charges dropped. There is no conviction just an arrest. That has no impact on ROC. 

Yes, I see that now, it's hard to put the story together among many posts and keep track of who's who.  At first I read he had the arrest record, but wasn't sure if this was very recent and not fully resolved.  It's clearer now. 

 

Technically conditions are only to be removed if you are still in a marriage.  He will have to go and convince them that he he should be granted a waiver, or be an exception to that rule.  The first condition is that the marriage was entered into in good faith.   If you can't get past that, you're dead in the water.

 

I' pulled this from an immagration attorney at NOLO.com (note it states arrest or conviction):

 

Under a program called the Priority Enforcement Program (PEP), the fingerprints of people arrested or booked into custody are sent to the Federal Bureau of Investigation (FBI) for a criminal background check. This information is transmitted to ICE so that ICE can determine whether the person is a deportation priority.

 

During President Barack Obama's administration (current as of early 2017), an offense of domestic violence is considered a "significant misdemeanor," a second-level deportation priority.

 

Even if someone isn’t apprehended by ICE, any application for a renewal of a green card or U.S. citizenship will require the person to submit fingerprints, which will reveal arrests or convictions.  

 

I know I'm in the minority, but  I'm not convinced that for ROC purposes, that an arrest for domestic violence, which is a deportable offense,  is something they just ignore, especially when the marriage ended because of it.  If it were me, I would make sure they had the police report and my account of why I thought the marriage was entered into in good faith.  No, I wouldn't spend my entire life on it, but they are entitled to have the facts when they review his request for a waiver.   Perhaps I have a low threshold for what I would tolerate.

 

An arrest can't be hidden by expongement from USCIS or NVC.

 

[Boiler 43,704]

4 minutes ago, bakphx1 said:

Yes, I see that now, it's hard to put the story together among many posts and keep track of who's who.  At first I read he had the arrest record, but wasn't sure if this was very recent and not fully resolved.  It's clearer now. 

 

Technically conditions are only to be removed if you are still in a marriage.  He will have to go and convince them that he he should be granted a waiver, or be an exception to that rule.  The first condition is that the marriage was entered into in good faith.   If you can't get past that, you're dead in the water.

 

I' pulled this from an immagration attorney at NOLO.com (note it states arrest or conviction):

 

Under a program called the Priority Enforcement Program (PEP), the fingerprints of people arrested or booked into custody are sent to the Federal Bureau of Investigation (FBI) for a criminal background check. This information is transmitted to ICE so that ICE can determine whether the person is a deportation priority.

 

During President Barack Obama's administration (current as of early 2017), an offense of domestic violence is considered a "significant misdemeanor," a second-level deportation priority.

 

Even if someone isn’t apprehended by ICE, any application for a renewal of a green card or U.S. citizenship will require the person to submit fingerprints, which will reveal arrests or convictions.  

 

I know I'm in the minority, but  I'm not convinced that for ROC purposes, that an arrest for domestic violence, which is a deportable offense,  is something they just ignore, especially when the marriage ended because of it.  If it were me, I would make sure they had the police report and my account of why I thought the marriage was entered into in good faith.  No, I wouldn't spend my entire life on it, but they are entitled to have the facts when they review his request for a waiver.   Perhaps I have a low threshold for what I would tolerate.

 

An arrest can't be hidden by expongement from USCIS or NVC.

 

In the US there is a difference between an arrest and a conviction.

[bakphx1 785]

1 hour ago, aidee.xoxo said:

Should i still report this to the immigration department i have a video in where he says he married me because i was nice to him but he will not spend the rest of his life sleeping with someone he doesn’t love. That he is now in America and it suck and i suck to. His words on the video. 

That's pretty incriminating.  I would definitely upload it for safekeeping.  By itself, it could be taken as something said in the heat of the moment.  This site is more about successfully getting a visa as opposed to getting one invalidated.  If you have emails or texts in the meantime, I would start collecting those.  You may be able to bait him in text or email (in writing is better) to admitting he used you for a visa.    Since you have time, if it were me, I would give him an opportunity to keep saying things to that effect, and don't give him any hint that you plan to do this.  The more naive he thinks you are the better.  You pretty much get one shot and you want to be factual and not sound just angry.  Here is info I got from another site, but if you have an attorney, it could be even more helpful.

 

1

Contact the United States Immigration and Customs Enforcement division. If your spouse got married to evade U.S. immigration law, he is guilty of marriage fraud and can be deported.^[2]

• Call the hotline at 1-866-347-2423 to report suspected marriage fraud.^[3]
• If you're reporting someone else's marriage, you can remain anonymous if you don't want the couple to know.
• If your spouse has committed marriage fraud, he is subject to deportation under U.S. immigration law.^[4]
• Although you can make your report anonymously, you should identify yourself and state clearly that you were a victim to the scam who fell in love and thought his intentions were pure.^[5]
• Expect ICE officials to be skeptical, since people claim to be innocent victims often when they really just became upset or bitter about the state of the relationship after the honeymoon ended.^[6]
• Also keep in mind that you previously went on record about the legitimacy of the marriage to get your spouse into the country in the first place, so you should expect some questions about that

[bakphx1 785]

6 minutes ago, Boiler said:

In the US there is a difference between an arrest and a conviction.

True, which is why he won't be immediately deported.  A conviction is supposed to get you deported.   But for renewal, this isn't a speeding ticket unrelated to the reasons why they remove conditions.  This goes directly into the marriage that was the basis for his visa.  If they went together for his ROC as a couple stating it was in the past, and a misunderstanding, the fact that it wasn't a conviction would be important.  But if the marriage ended because of the domestic violence for which there is an arrest is a different ball game.  You're tying your basis for wanting a waiver to the marriage you ended through DV.  I know they ask a lot of questions for other arrests, but this is for something much deeper into the heart of the reason a visa was granted in the first place.  

[Boiler 43,704]

1 minute ago, bakphx1 said:

True, which is why he won't be immediately deported.  A conviction is supposed to get you deported.   But for renewal, this isn't a speeding ticket unrelated to the reasons why they remove conditions.  This goes directly into the marriage that was the basis for his visa.  If they went together for his ROC as a couple stating it was in the past, and a misunderstanding, the fact that it wasn't a conviction would be important.  But if the marriage ended because of the domestic violence for which there is an arrest is a different ball game.  You're tying your basis for wanting a waiver to the marriage you ended through DV.  I know they ask a lot of questions for other arrests, but this is for something much deeper into the heart of the reason a visa was granted in the first place.  

Simply not true, these allegations are common is a messy divorce.

[bakphx1 785]

7 minutes ago, Boiler said:

Simply not true, these allegations are common is a messy divorce.

I said before, I may have a lower threshold for such things. I am surprised that people have a bit of a casual attitude to DV here.  I have known people who got divorced at all levels of friendly/acrimonious and never used DV or accusations as a tool. Notwithstanding the ones I've read here from certain fake marriages where a person claims DV to leave their petitioning spouse on short order, but that's claiming to be the victim, this isn't the case for VAWA, but that's not the same.

[Scandi 3,977]

20 hours ago, bakphx1 said:

The AOS from K1 to a 2 year conditional card doesn't mean he's done.  She said they'd only been married a year, so he couldn't have received his 10 year green card.  She said he has his his 2 year green card, so he would still need to remove conditions in another year. That's where I think he will get some surprises. 

In the post I quoted you talked about "battle with AOS" which is of zero concern anymore since it's already approved.

 

You also talked about "withdrawing her support" which is impossible since the AOS is already approved.

 

If you actually meant ROC (which is a completely different process than AOS) then he doesn't need a sponsor for that one and he can file on his own. Only he knows how much proof he gathered while they were still together.

[kirkn09 13]

Just move on and forget it.  No use worrying now. If you really cared that much you'd have just not come in to work regardless of if they gave you the day off or not.  That time has passed, live your life..don't agree to file any paperwork for him and just forget about the guy.

[Villanelle 4,121]

In the US theres due process. You can be arrested wrongly. An arrest means nothing. You have to be convicted in a court of law. An arrest with out a conviction does not have any impact on ROC. This is not an opinion but rather policy/law. It is also not a good idea because it was an abusive relationship to encourage the OP to continue a relationship with the abuser to try to collect evidence to be used against him. 

 

To the OP- the recording you have is not going make an impact. You would need solid proof he entered the marriage for immigration benefits for them to investigate and revoke his status.