First Degree Assault while on Temporary Greencard

[VALU 55]

If a spouse on a temporary greencard gets charged with First Degree Assault on domestic violence (making threats with a knife), how will that affect his greencard status/renewal? Is he doomed or does he still have a chance to still get approved for a permanent greencard and eventually citizenship?

 

He has no prior record. He is still being held in police cell/custody (incident happened this week), but police charged him with 1st Degree Assault for making a threat with a weapon (knife).

[Boiler 43,433]

Sounds like Deportation, he needs to Lawyer big time, Criminal and Immigration.

[carmel34 3,531]

4 minutes ago, VALU said:

If a spouse on a temporary greencard gets charged with First Degree Assault on domestic violence (making threats with a knife), how will that affect his greencard status/renewal? Is he doomed or does he still have a chance to still get approved for a permanent greencard and eventually citizenship?

 

He has no prior record. He is still being held in police cell/custody (incident happened this week), but police charged him with 1st Degree Assault for making a threat with a weapon (knife).

The arrest could negatively affect removal of conditions as the I-751 asks for details on all arrests, it will most likely come up in the background check anyway, so provide the documents required when ROC is filed:

 

Criminal History
If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or
abroad, and no charges were filed, submit an original official statement by the arresting agency or applicable court order
confirming that no charges were filed.
If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or
abroad, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified
copy of the complete arrest record and/or disposition for each incident (for example, dismissal order, conviction record, or
acquittal order).

 

 

[Crazy Cat 39,226]

Here is some infor from an attorney:  https://www.nolo.com/legal-encyclopedia/common-crimes-making-visa-or-green-card-holders-deportable-theft-burglary-assault.html

[debbiedoo 2,339]

i would definitely retain a VERY good attorney

[mindthegap 2,521]

55 minutes ago, VALU said:

If a spouse on a temporary greencard gets charged with First Degree Assault on domestic violence (making threats with a knife), how will that affect his greencard status/renewal?

 

It won't until he is convicted.

An arrest still carries the presumption of innocence and it is up to the prosecution to prove beyond a reasonable doubt that he is guilty.  Until convicted, he is fine.

However, with a conviction involving domestic violence - and an aggravated felony at that - it renders him a deportable alien.

Get two lawyers - an immigration lawyer, and a criminal lawyer (a good one) to either get the case tossed, found not guilty, or the charges changed/plead down to a lesser charge (a misdemeanor NOT involving domestic violence would be a good start).

 

Fairly high stakes in this instance, so choose wisely.

 

Edited January 25, 2020 by mindthegap

[JFH 12,189]

What state is this where making a threat gets you an Assault 1 charge? Here in WA for it to be assault 1 it has to result in serious injuries. 
 

Was it just a threat? Not saying that’s right to threaten people with a knife but a good lawyer is definitely needed.

Edited January 26, 2020 by JFH

[VALU 55]

8 minutes ago, JFH said:

What state is this where making a threat gets you an Assault 1 charge? Here in WA for it to be assault 1 it has to result in serious injuries. 
 

Was it just a threat? Not saying that’s right to threaten people with a knife but a good lawyer is definitely needed.

State of Maryland. If you threaten anyone with a weapon (knife, gun etc) it is 1st degree Assault even if the knife didn't touch them and no injuries occurred. They take it even more seriously when it's domestic related. In this case, the knife didn't touch spouse and no injuries. The police, not spouse, filed their own charges as a result not sure why. They asked the spouse if she wanted to file charges, which she was willing to do but the police later decided to file their own charges instead. I guess to prevent charges from being withdrawn by spouse at a later stage...

 

 

Edited January 26, 2020 by VALU

[JFH 12,189]

8 minutes ago, VALU said:

State of Maryland. If you threaten anyone with a weapon (knife, gun etc) it is 1st degree Assault even if the knife didn't touch them and no injuries occurred. They take it even more seriously when it's domestic related. In this case, the knife didn't touch spouse and no injuries. The police, not spouse, filed their own charges as a result not sure why. They asked the spouse if she wanted to file charges, which she was willing to do but the police later decided to file their own charges instead. I guess to prevent charges from being withdrawn by spouse.

 

 

Interesting. Since there is the presumption of innocence it will be up to the prosecution to demonstrate that there was an attempt to seriously injure the other party. That’s what I understand from reading the relevant paragraph in the law. In any event, it’s not looking good for his immigration journey. 

[Ontarkie 13,915]

~~Inappropriate post removed. Stick to answering the OP's questions.~~

[igoyougoduke 1,604]

8 hours ago, mindthegap said:

 

It won't until he is convicted.

An arrest still carries the presumption of innocence and it is up to the prosecution to prove beyond a reasonable doubt that he is guilty.  Until convicted, he is fine.

However, with a conviction involving domestic violence - and an aggravated felony at that - it renders him a deportable alien.

Get two lawyers - an immigration lawyer, and a criminal lawyer (a good one) to either get the case tossed, found not guilty, or the charges changed/plead down to a lesser charge (a misdemeanor NOT involving domestic violence would be a good start).

 

Fairly high stakes in this instance, so choose wisely.

 

dont think it matter if convicted or not . once the charges were brought.. it will be a permanent negative record  at the federal level - aka immigration.

[Ontarkie 13,915]

~~Thread moved to Effects of MAjor Family Changes, from ROC - as a more appropriate forum.~~

[VALU 55]

4 minutes ago, JFH said:

Interesting. Since there is the presumption of innocence it will be up to the prosecution to demonstrate that there was an attempt to seriously injure the other party. That’s what I understand from reading the relevant paragraph in the law. In any event, it’s not looking good for his immigration journey. 

I believe the intent was to "scare" and not cause injury. But it's still assaulting someone with a deadly weapon which is against the law.

[JFH 12,189]

1 minute ago, VALU said:

I believe the intent was to "scare" and not cause injury. But it's still assaulting someone with a deadly weapon which is against the law.

That’s what I’m reading too. The fact that the victim was scared enough to believe that they were going to be seriously injured or killed. 

[VALU 55]

5 minutes ago, Ontarkie said:

~~Inappropriate post removed. Stick to answering the OP's questions.~~

Curious to know what was said... Gosh! You guys are on top of your game and remove comments fast!