the stressful "Decision cannot yet be made about your application"

[Going through 5,668]

8 hours ago, afrocraft said:

It is not always clear if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be deferred upon a finding or confession of guilt. Some states have a pretrial diversion program whereby the case is removed from the normal criminal proceedings. This way the person may enter into a counseling or treatment program and potentially avoid criminal prosecution.

 

If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes. 

Right---the order "may" not count...doesn't mean that it will "not" count.  There is a lot of wiggle room for the IO to swing both ways depending on what the actual charges and disposition reads (The OP has yet to clarify this when asked)....which is why I also said above that there's a possibility the N400 may be approved as well.  I would be interested in knowing if the OP was charged with a misdemeanor or a felony in his case.  The battery he mentioned in the original post would likely have resulted in only a misdemeanor, unless other charges were also at play here.

 

Also since the offense happened well within the statutory time period....again leaves the IO open to using his/her own discretion either way.  All OP can do is hope for the best...and reapply again later if denied.

 

Edited September 26, 2019 by Going through

[Miamidade 6]

1 hour ago, Going through said:

only a misdemeanor

The charge was as misdemeanor “ battery/attempt “. 

[The_Empyrean 733]

It's all speculation at this point.
As someone mentioned, court "MAY" not count it as a conviction. Key word, MAY. USCIS stance was from what you've told - they count it as convicted, or atleast confessed. So there is two outcomes.

Denied based on "conviction". Even though technically you aren't convicted, but USCIS sees it as a conviction, as you taking that program looks like your admit of guilt.

Approved for being honest during interview, and not trying to conceal the facts. And processing officer is in a good mood, moon is aligned. etcetcetc

Hard to say until you get your decision.

 

Side note: Grabbing your wife for her not to leave is kind of a DV depending on circumstances. Not gonna go personal as none of us were there besides you, and there is always 2 sides of the story, and thats not the point. It's both of Your fault. Yours for reacting that way, her to call police. It wasn't cool of her to do something like that, but it if you grabbed her and pulled her around the house, yelling - yes it's DV. If you didn't do that, thank your wife for getting DV on your records because of her foolishness. It's 50/50 here. 

 

Nothing personal here, just want to throw this out, so people wouldn't repeat same mistakes.

[afrocraft 313]

1 hour ago, Going through said:

Right---the order "may" not count...doesn't mean that it will "not" count. There is a lot of wiggle room for the IO to swing both ways depending on what the actual charges and disposition reads (The OP has yet to clarify this when asked)....which is why I also said above that there's a possibility the N400 may be approved as well.  I would be interested in knowing if the OP was charged with a misdemeanor or a felony in his case.  The battery he mentioned in the original post would likely have resulted in only a misdemeanor, unless other charges were also at play here.

 

Also since the offense happened well within the statutory time period....again leaves the IO open to using his/her own discretion either way.  All OP can do is hope for the best...and reapply again later if denied.

Actually, it won't count. OP is on firm ground here. No discretion is required: Nolle prosequi is not considered a conviction by USCIS. See USCIS Policy Manual Vol 12 Chapter 2 - GMC Adjudicative Factors:

 

Quote

4. Deferrals of Adjudication
In cases where adjudication is deferred, the original finding or confession of guilt and imposition of punishment is sufficient to establish a conviction for immigration purposes because both conditions establishing a conviction are met. If the court does not impose some form of punishment, then it is not considered a conviction even with a finding or confession of guilt. A decision or ruling of nolle prosequi does not meet the definition of conviction.

 

[Miamidade 6]

35 minutes ago, afrocraft said:

Actually, it won't count. OP is on firm ground here. No discretion is required: Nolle prosequi is not considered a conviction by USCIS. See USCIS Policy Manual Vol 12 Chapter 2 - GMC Adjudicative Factors:

 

 

So It gives me a chance !

[SunflowerSweet 1,321]

3 hours ago, The_Empyrean said:

Side note: Grabbing your wife for her not to leave is kind of a DV depending on circumstances. Not gonna go personal as none of us were there besides you, and there is always 2 sides of the story, and thats not the point. It's both of Your fault. Yours for reacting that way, her to call police. It wasn't cool of her to do something like that, but it if you grabbed her and pulled her around the house, yelling - yes it's DV. If you didn't do that, thank your wife for getting DV on your records because of her foolishness. It's 50/50 here. 

 

"Kind of" a DV? If ANYONE grabs me and tries to prevent me from leaving against my will, I'm calling the police. Husband or not, I don't care if it's "cool". Whether or not he was "convicted", law enforcement determined a domestic violence incident occurred. You believe domestic violence is 50% the victims fault? 

 

I'm not sure what OP learned from that class he took if he is comparing DV to reckless driving. 

[afrocraft 313]

16 minutes ago, MorganandMichael said:

"Kind of" a DV? If ANYONE grabs me and tries to prevent me from leaving against my will, I'm calling the police. Husband or not, I don't care if it's "cool". Whether or not he was "convicted", law enforcement determined a domestic violence incident occurred. You believe domestic violence is 50% the victims fault? 

 

I'm not sure what OP learned from that class he took if he is comparing DV to reckless driving. 

We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 

[The_Empyrean 733]

4 minutes ago, MorganandMichael said:

"Kind of" a DV? If ANYONE grabs me and tries to prevent me from leaving against my will, I'm calling the police. Husband or not, I don't care if it's "cool". Whether or not he was "convicted", law enforcement determined a domestic violence incident occurred. You believe domestic violence is 50% the victims fault? 

 

I'm not sure what OP learned from that class he took if he is comparing DV to reckless driving. 

Not gonna argue. DV vs Reckless is two different worlds.

so if i'd grab my wife by wrist saying "please don't leave" i should be charged with DV? That's what you're saying? So every single romantic movie should end right at the beginning lol

it depends on million things. Don't blow it out of proportion.

If one grabs and tosses around, YES it is DV. If one grabs pleading not to leave (not aggressively) and lets her go, in what way thats a DV? If it is, then anyone who grabs my wrist will be charged with assault.

I've seen emotional DV, psychological DV, Physical DV, men assaulting women, women assaulting men. And i've got a degree in Criminal Justice, studied Constitutional law, State and Federal laws, along with Sociology and Psy. I have deepest sympathy for DV victims, as i've experienced some of it first hand.

 

50% of victims fault? Again it depends on circumstances obviously. If one chases me with a baseball bat or i feel threatened, and knock him/her out on spot, and he/she call cops, of course its his/her own fault. 

Don't be that person who listens only to one side and assumes anything. Barely anything is clear of how and what happened, and it doesn't matter.

Read the whole post before responding please.

 

3 hours ago, The_Empyrean said:

Side note: Grabbing your wife for her not to leave is kind of a DV depending on circumstances. Not gonna go personal as none of us were there besides you, and there is always 2 sides of the story, and thats not the point. It's both of Your fault. Yours for reacting that way, her to call police. It wasn't cool of her to do something like that, but it if you grabbed her and pulled her around the house, yelling - yes it's DV. If you didn't do that, thank your wife for getting DV on your records because of her foolishness. It's 50/50 here. 

 

Nothing personal here, just want to throw this out, so people wouldn't repeat same mistakes.

If you think i discredit the wife all together, read my post until you understand what i said there. I can't tell anything concrete until i read the whole police report and both sides. Don't pull words out of context.

[JFH 12,189]

45 minutes ago, afrocraft said:

 Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 

Speak for yourself but I would consider that DV also. And kidnapping if they are doing something to stop them leaving. In some states, even yelling at your spouse is DV. 

 

You may have different interpretations but I believe any communication or contact with your partner that they are not comfortable with is DV. Emotional abuse can get just as hurtful as physical abuse. 

[afrocraft 313]

2 minutes ago, JFH said:

Speak for yourself but I would consider that DV also. And kidnapping if they are doing something to stop them leaving. In some states, even yelling at your spouse is DV. 

 

You may have different interpretations but I believe any communication or contact with your partner that they are not comfortable with is DV. Emotional abuse can get just as hurtful as physical abuse. 

Blimey. I guess we're all criminals now.

[SunflowerSweet 1,321]

50 minutes ago, afrocraft said:

We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 

I consider it DV regardless of the gender. If you don’t, that sounds like a you problem.

[SunflowerSweet 1,321]

Just now, afrocraft said:

Blimey. I guess we're all criminals now.

I’ve never laid a hand on any of my romantic partners or tried to keep them somewhere against their will, regardless of the situation or their gender. Didn’t know that was such a high standard to meet. Kind of scary so many people seem to think it is.

[afrocraft 313]

3 minutes ago, MorganandMichael said:

I’ve never laid a hand on any of my romantic partners or tried to keep them somewhere against their will, regardless of the situation or their gender. Didn’t know that was such a high standard to meet. Kind of scary so many people seem to think it is.

Have you ever yelled at your partner? Said something that makes them "uncomfortable"? Apparently, even you are a domestic abuser now. You should turn yourself in.

Edited September 26, 2019 by afrocraft

[Boiler 43,434]

35 minutes ago, afrocraft said:

Have you ever yelled at your partner? Said something that makes them "uncomfortable"? Apparently, even you are a domestic abuser now. You should turn yourself in.

Important to remember that ALL such incidents are to be declared on the N400.

[Stevo1979 71]

21 hours ago, kris&me said:

Leaving with your wife means you left her and didn't go back

Do you mean Living with your wife ??

Don't be condescending. English is not even your mother tongue

 

We all know what he meant