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Amine02

Green card renewal/domestic violence charge

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Hi everyone 

I have a domestic violence charge on my record now and sooner have to renew my 2 years green card to remove the condition 

How bad does the domestic violence charge harm that knowing that me n my wife we are still together after what happened and we even have a baby now 

Please whomever had same issue or has some infos about that let me know

Thank you 

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Domestic violence charges  are taken quite seriously.  How it will affect your ROC depends largely on the circumstances of the case.  How long ago did it happen and what was the *actual* charge and final disposition through the court?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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LPR as in Lawful Permanent Resident is the legal term of green card. Technically if you were convicted any crime, you are deportable. For crime Domestic Violence, if you checked  INA: ACT 237 under section (E) 6, it's a deportable.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html#0-0-0-246

 

(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

 

Since you are living in San Diego, under California Sanctuary Bill (SB54), ICE wasn't notified at the time of your arrest or conviction.

 

 

Edited by dandk

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7 hours ago, Going through said:

Domestic violence charges  are taken quite seriously.  How it will affect your ROC depends largely on the circumstances of the case.  How long ago did it happen and what was the *actual* charge and final disposition through the court?

It happened about a year ago and the actual charge was false imprisonment misdemeanor..so they asked me to take a 52 classes program of domestic violence and i got probation for 3 years 

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7 hours ago, dandk said:

LPR as in Lawful Permanent Resident is the legal term of green card. Technically if you were convicted any crime, you are deportable. For crime Domestic Violence, if you checked  INA: ACT 237 under section (E) 6, it's a deportable.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html#0-0-0-246

 

(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

 

Since you are living in San Diego, under California Sanctuary Bill (SB54), ICE wasn't notified at the time of your arrest or conviction.

 

 

I did check tht in the website and thts why me n my wife r worried ...so we wanna see if there is anyone who had same issue . 

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~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P - The OP is preparing for ROC with DV record.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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59 minutes ago, Amine02 said:

It happened about a year ago and the actual charge was false imprisonment misdemeanor..so they asked me to take a 52 classes program of domestic violence and i got probation for 3 years 

The fact that your probation period is still open is going to be an issue...it gives the IO a reason to not approve your ROC, if they wished.

Again, domestic violence charges by pending immigrants are taken seriously by USCIS---but it is good that you had the charge lessened to false imprisonment, which is not an inadmissable charge.

 

If this is your only offense EVER (ie. not just in the USA, but in any other country as well), and otherwise you have a relatively straight-forward case, then that is also a plus on your side.  

 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1 minute ago, Amine02 said:

U moved my post somewhere else ?

Yes, you posted in the wrong forum. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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2 minutes ago, Going through said:

The fact that your probation period is still open is going to be an issue...it gives the IO a reason to not approve your ROC, if they wished.

Again, domestic violence charges by pending immigrants are taken seriously by USCIS---but it is good that you had the charge lessened to false imprisonment, which is not an inadmissable charge.

 

If this is your only offense EVER (ie. not just in the USA, but in any other country as well), and otherwise you have a relatively straight-forward case, then that is also a plus on your side.  

 

I never had any issue ..this was the only one and at some point  i did not know tht keeping someone inside a room to talk to is a crime.

But thank u for ur answers 

Just now, Ontarkie said:

Yes, you posted in the wrong forum. 

Sorry i didnt know ..thank u for letting me know 

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6 minutes ago, Amine02 said:

Do u mind giving me the link for my post in the new place pls 

You're in it right now. No change needed...it just appears in a different directory when browsing or searching.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 hours ago, Amine02 said:

never had any issue ..this was the only one and at some point  i did not know tht keeping someone inside a room to talk to is a crime.

If against their will, yes it is a crime.  Luckily for you, that was all you were formally charged with---charges could have been a lot worse depending upon the circumstances (ie. battery, threatening, felony assault, etc.).

 

You disclosed the arrest on the ROC paperwork and submitted court-related documents, correct?  

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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On 12/22/2018 at 3:04 AM, Going through said:

If against their will, yes it is a crime.  Luckily for you, that was all you were formally charged with---charges could have been a lot worse depending upon the circumstances (ie. battery, threatening, felony assault, etc.).

 

You disclosed the arrest on the ROC paperwork and submitted court-related documents, correct?  

Can u pls tell me wht is the roc paperwork? And if its some papers tht i need to submit to the uscis then i didnt submit my request regarding the removal of the condition yet 

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11 hours ago, Amine02 said:

Can u pls tell me wht is the roc paperwork? And if its some papers tht i need to submit to the uscis then i didnt submit my request regarding the removal of the condition yet 

When does your 2-year green card expire?

This is a link to the paperwork you need and instructions.  Yes, you have to submit a petition to USCIS.

 

https://www.uscis.gov/i-751


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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