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HappyAndIKnowIt

Removal of Conditions, then Divorce filing, then Domestic Violence

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I am looking for information about the likelihood of a Domestic Violence case resulting in my USC baby's mother losing her ability to remain in the U.S.

 

I have researched, and I understand DV is a "deportable" offense.  I can't seem to get good information on whether USCIS actually "would" follow through and deport the mother an infant USC.

 

The backstory is that my wife and I filed her RoC in November 2018.  In January 2019, she filed for divorce.  In July 2019, she was arrested for Domestic Violence and Assault.  We live in the Sixth Circuit (Ohio).  I am the victim / witness in the criminal case.  I believe she may be taking the criminal case to trial.

 

My impression is that I would be surprised if she is deported, even with a conviction for Domestic Violence, since she has a USC infant, even though I anticipate she will be on the short end of the custody stick.

 

Am I underestimating the likelihood of her losing her ability to remain in the U.S. ?

 

Follow up to 

 

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10 minutes ago, HappyAndIKnowIt said:

I am looking for information about the likelihood of a Domestic Violence case resulting in my USC baby's mother losing her ability to remain in the U.S.

I have researched, and I understand DV is a "deportable" offense.  I can't seem to get good information on whether USCIS actually "would" follow through and deport the mother an infant USC.

The backstory is that my wife and I filed her RoC in November 2018.  In January 2019, she filed for divorce.  In July 2019, she was arrested for Domestic Violence and Assault.  We live in the Sixth Circuit (Ohio).  I am the victim / witness in the criminal case.  I believe she may be taking the criminal case to trial.

My impression is that I would be surprised if she is deported, even with a conviction for Domestic Violence, since she has a USC infant, even though I anticipate she will be on the short end of the custody stick.

Am I underestimating the likelihood of her losing her ability to remain in the U.S. ?

 

Follow up to 

 

If convicted the do not be surprised if she is deported or at least highly scrutinized 

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~~Post removed for importing drama. Now this is not the only thread importing similar comments and it will not be tolerated enough is enough.~~


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6 hours ago, JFH said:

Is her mother still here?

She is still here.  Her return flight is scheduled for the middle of September.

 

As a followup to the other thread, her application for extension has not yet been processed by the Nebraska Service Center.  Obviously it doesn't matter for her return at this point, but it will make a difference on whether her visa is canceled.

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   First I am going to assume she has not received her 10 year green card yet so it was stupid of her to file for divorce while it was pending. Now she will have to change it to a divorce waiver.

   Using Orange is the New Black as a guide the fact that she has a USC child is not a factor in whether she is deported or not. Joking aside that is actually pretty true, look at all the people who were arrested in the recent ICE raid, they didn't care that the children's parents were taken into custody. With you being a USC and the father that makes it less likely they would not deport her because of the child. 

   Will she be deported? Depends on many things, assume she is found guilty or does a plea it would depend on what the actual charges are and how informed ICE is of the process. Usually when it is a detainable offence they will put a hold on the person so when the criminal issue is complete she is transferred to them. Even if they do this if she is not in custody or the hold is not placed prior to her leaving the court room will ICE make an effort to locate her? Probably not. 

   Since she has filed for divorce the best thing you can do now is focus on yourself and your child. Her problems are now hers, don't let them become yours.

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