Kizana

I am a proud citizen of the U.S.!

Thanks everyone for support and good word!

The interview is scheduled on June 26.

I'm so nervous(((

I received a letter confirmation that my N400 application was received and being processed, and I will be notified of the next step after Record Check etc.

Fingers crossed...

Answer truthfully, attach court documents showing it was dismissed and sleep well. You have not been convicted of anything.

I did not apply with similar charges but since you have not been convicted of a crime I do not see where it could be an issue. You just want them to have everything in case it turns up on some background check. Best not to surprise those people. The attorney was unnecessary and cannot change the outcome even if you were convicted.

Thanks for sharing your thoughts!

I did mention arrest in N400, type of charges and dismissal, and will file it along with court docket and my husband's affidavit.

I agree that I could have easily done this without any lawyer (which I was going to do in the first place when there was no charges(( but I'm too nervous to do it by myself now. Well, if I will get approval, it was worth the money, I guess

Hello,

I am applying for my citizenship this year and have some concerns regarding weather it will be approved or denied.

Exactly one year ago I was charged with 4th degree DV and the charges were dismissed (here is my story http://www.visajourney.com/forums/topic/304180-green-card-holder-arresred-for-domestic-violence-deportation/ )

Now I hired immigration attorney and hope for positive outcome but I understand that my lawyer cannot guarantee I will be approved for citizenship.

I will be sending my husband's affidavit along with N400 where he is stating about his past drinking problem which caused all that situation to become worse and that I helped him to resolve it. He also stating in there that all that situation was just simple mistake and nobody actually hurt anyone and that he will be in the waiting area at the time of the interview if needed.

Anyway, I hope to hear some real stories who applied for citizenship with similar charges and what the outcome was.

Thank you in advance!

Your neighbors never had a Ukrainian woman living next door and they are probably from Canada.

Your case was dismissed. Simply explain it and attach documentation.

They're Americans

But you are so right, in Ukraine we knock the door and ask to calm down if any yelling at neighbors but not here... Different country, different customs...

I hope that my explanation will be enough

Thanks

Most often, because the spouse withdrew the complaint.

My husband did not file complaint, in fact he was calling prosecutor's office to convince him to dropp NOC and dismiss the case (btw my husband is in martial art for about 10 years, and I am petit size, it really was an accident)

So neighbour called 911 saying that we are yelling too loud; then it is the city that pressed charges...

Thanks to everyone for input!

However it would be great to hear somebody sharing own experience being in similar situation and how it ended up.

Hello!

I have been charged with 4th degree assault DV for slapping my husband on arm. The case was dismissed in May 2011 without prejudice and my attorney instructed me what documents I should attach to N-400 when applying for citizenship.

I don't want to bore anyone with the story, so here is the details just in case someone wants to read http://www.visajourney.com/forums/topic/304180-green-card-holder-arresred-for-domestic-violence-deportation/

I am eligible to apply for citizenship in February 2012. I know that even if the case would have been already expunged, I would have to indicate my arrest when applying for citizenship, even in a year or 10 years. However I can get approval but also I can be denied.

What are my chances?

If anyone has been in the same or similar situation, I would appreciate you sharing your experience.

Thank you in advance

The case was dismissed yesterday at the courthouse!!! I am so happy!Finally my husband could come back home! Both of us almost cried when we got out of the courtroom and finally were able to talk and hug - it is over!!!

Thank you everyone for support and kind words to me!)))

Classic depression symptoms. There are a variety of medications that can help. If your therapist is an MD then they can prescribe them. Otherwise, you should consult with a psychiatrist.

Probably you are right...

There might be other "medication" for me I think - my hubby:) I got an email from him tonight that was so heartwarming! Made me feel butterflies in my stomach, made me want to live and smile! Unfortunately I can't respond nor talk or see him yet...

Gosh, I hope it will be over in a month!((

I don't know why I even write here... Probably just because I can't think about anything else...

I feel very depressed lately, for about three days. I tried to make myself busy: exercising, cooking, laundry, cleaning, watching favorite movies, shoppingl, talking to my parents etc. Didn't work - it does not even distruct me from my zoned out status. It's not like I want to cry or feel miserable, no, I just want to stay home and lay in bed... I am at work now and do my job automatically ( in general I love my job). In general I am very upbeat person, but I feel basically nothing now, not good nor bad, I just want to fall asleep for weeks until I will start to care...

My therapist is out of town, so I can't consult with her what that is and what should I do.

I can't talk to my husband either - no contact order.

Maybe it will go away by itself.

I hope so

quote name='Kizana

First of all, thank you for sharing your story and giving me tips from your own experience, I appreciate it! And I am so sorry about what happened to you

My husband already sent a letter to the prosecutor asking for dropping no contact order, explaining all this accident, begging for no conviction ( me and I are going to counseling now separately and want to go together), saying that he doesn't want his wife taken away and that it would cause severe suffering to him and that I am no threat to anyone especially to him and that it was an accident etc.

Now my lawyer will try to negotiate with the prose utor to have the charges dropped. The second pre-trial is at the end of may so she has time to talk to the prosecutor.

I cannot hire immigration attorney because I already spent all savings on criminal attorney which has good reputation and hopefully will convince the prosecutor to drop charges ( maybe in exchange of attending anger management and marriage counseling)

Did you go and talked to the prosecutor personally to reduce the charges??? What did you say??? Please let me know

[/quote ]

When all this first happened , what my husband did to me was no accident at all. However i didnt want him to have a felony on record and didnt realize he was going to be deported over all this either. It was in my mind to try to work things out back then and i went to the prosecutors office personally and talked to the victims assistance representative and told her what i felt. I at that time felt that his behavior was not his normal behavior and that it was caused due to extenuating circumstances as leaving his home country, his family, not having work, not being able to drive and ect..... I said that i felt the charges should be lowered to a misdemeanor so that he did not have a felony on his record that would keep him from obtaining work and becoming a productive member of our society and that anger management and counseling would be appropriate. I stated i did not want the no contact order as i did not feel he was any further threat to me...... little did i know lol

but anyway i put all of that in a letter there in the prosecutors office with them watching me and they notarized it, the prosecution submitted it to the judge. The judge asked me if i wanted the no contact order dropped and i said yes so the judge dropped it. The next hearing i did not attend as we were not getting along and he signed a plea that was offered as a misdemeanor with anger management and public service of 40 hours as well as a 1 year sentence in jail all suspended as long as probation was not violated.

No contact order only goes one way, you cannot contact your husband at all in anyway, however your husband can contact you. Absolutely do not respond in anyway way, not even through another person unless its a lawyer.

The best course of action right now is for you and your husband both to work with your lawyer, the more your husband can be involved in your case the better and the more your husband talks with your lawyer the better.

If you do not want trouble with immigration do not sign a plea agreement and really push your lawyer to get the charges dismissed.... they can only work on deporting you if you are convicted or sign a plea

Mystic, again I am very sorry what has happened to you. You said your husband intended to hurt you, but it feels that you still want to try to work things out with him... i might be mistaken though, i don't know your story, don't mean to be nosy... I can only guess under what stress are now((

Just wanted to wish you good luck and stay strong. There is a saying:" ... and this rain will stop..."

I appreciate you giving me advices and I will definitely tell my lawyer about her talking to my husband etc. I just want to give her time to reach to the prosecutor since it is kinda hard to catch him - he is almost always in trial... i will give my attorney time until the end of the next week, I think this is enough time to make things moving forward...

Ha, you know I never thought of that. I just thought about it and between the two trips, skype to cell calls, packages, presents, etc, I've got an easy 5000 invested already and its only been a year. I haven't even done the K-1 yet but that's another 1700+. RUB girls are expensive to get one, HOWEVER, well worth it I think :-D !!!!!!

But you know how most people are -- "How would I do that???" and then you tell them some easy ways to get involved, but they may go to a web site once but usually won't get involved. (I run a model airplane club, works exactly the same way) It takes a REAL man of courage with some resources to truly get involved and win the heart of a RUB girl and then to go over there and do what is necessary to bring her home :-D My boss simply said "Wow David I guess you really like challenges especially now that she's pregnant" I just said "Yes I guess so" LOL!!!!!!!!!

It does take courage and it has got to be destiny I guess!))

My husband spent a lot of money on just emailing me (almost a year 2 emails every day through dating website), then several trips to spend time with me in Ukraine (airplane tickets, hotel, going out etc.), amazing flowers and everlasting talking on skype... he is not rich, no, he is just one of the middle class american guys but... I don't know, it worked for both of us, but I think it is more exception then a rule. I have heard a lot of negative stories when it is either slavic woman fool american man or american man torture ukr/rus woman... unfortunately it happens...

Well, I never even wanted to live in US, I came here only because of my hubby, I do love him for who he is, that is probably the deal

Not to be a killjoy, but if your friend is worrying about how much money this process will cost him, before he even starts, then I would suggest this method isn't for him. There's nothing wrong with being aware of scams, excessive fees and the like; but this process isn't cheap and IMO expense shouldn't be the first thing on your mind, but how to achieve the best results should; regardless of cost.

100% agreed!

First thing, your husband can request the no contact order be dropped if he wishes, he cannot request the charges be dropped. If you are convicted there is very much a chance you will be deported as a conviction in domestic violence is mandatory deportation ( I know of this because I am in the process myself with my husband soon to be ex husband). Your husband as the victim can tell the prosecutor and the judge that he does not want the no contact order.

Now, immigration may or may not pick you up for deportation on this matter depending on if anyone reports it to them. If you have already gotten your removal of conditions you are most likely ok but, if for some reason they do a name check and turn this conviction up, they will take action on it.

The other thing is, while they very likely will take you into custody for removal proceedings when they find out about the conviction( if you get a conviction), there is a chance that you will not be deported because your case did not involve bodily harm. The case with my husband does in the fact he injured me so much that i had stitches in my head and a permanent scar from it.

Talk to an immigration attorney ASAP!!!

And your husbands input at your pretrial and sentencing hearing will have a huge impact on what they decide to do. If he doesnt want you in jail then he needs to go to the prosecutor and write a letter to the courts stating in detail what happened and that he feels that you should not be punished, that it was an accident as you were only trying to pull away from him and such..... I got my husbands felony charge reduced down to a misdemeanor conviction this way.

First of all, thank you for sharing your story and giving me tips from your own experience, I appreciate it! And I am so sorry about what happened to you

My husband already sent a letter to the prosecutor asking for dropping no contact order, explaining all this accident, begging for no conviction ( me and I are going to counseling now separately and want to go together), saying that he doesn't want his wife taken away and that it would cause severe suffering to him and that I am no threat to anyone especially to him and that it was an accident etc.

Now my lawyer will try to negotiate with the prose utor to have the charges dropped. The second pre-trial is at the end of may so she has time to talk to the prosecutor.

I cannot hire immigration attorney because I already spent all savings on criminal attorney which has good reputation and hopefully will convince the prosecutor to drop charges ( maybe in exchange of attending anger management and marriage counseling)

Did you go and talked to the prosecutor personally to reduce the charges??? What did you say??? Please let me know

I wished for you a faster end to this. No, they want to push - it. I don't know whats worse, Lawyers and Prosecutors or Bed Bugs. They all suck your Blood.. May 24th? Thats a long time for 10 minutes in a Court Room. Thats how are system works. I don't even think it will end up in Court. A Plea Bargain is my GUESS. Both of you, hang in there.

You got it exactly right, Tim - it was 10 minutes... ((

I am very upset to still not be able to see my husband for another 5 weeks... It's if the case will be dismissed on May 24...

I will try to bear myself in work until then and stay strong.

I bet you will be fine then. I foresee the end of this on Monday. Sit with your husband at the hearing since it is allowed. Let me know how this works out. Tim

They set up another pre-trial on May 24... Still with no contact order.

My lawyer said it will give her time to finally talk to the prosecutor, explaine the situation and negotiate to drop the charges ( even if the prosecutor will agree on this, most likely the charges would be dropped at the pre-trial then to make it all look official).

I guess I just have to wait then

I'm Courious. Does your Husband have the right to be by yourside at this pre-trial. End it now is what I mean... He's not testifying against you and is trying to stop charges.... The whole thing sounds silly when there was no physical danger. Just a Spat between Spouses.

According to the situation he is a victim even he did not press charges and wants the City to drop charges

And yes, he is going to be at courthouse on Monday - he checked with my lawyer if it is not interfering with no contact order, and it is not

Also, he sent a letter to the prosecutor asking to drop charges, drop no contact order, saying that each of us going to therapy and this whole situation can be resolved in marriage counseling ( he is a smart guy and he really has a talent to write good largess actually

So now will see what is going to happen, I guess...

You are very Welcome Young Lady for being Truthful and address this. I know it's hard. I can relate to your post. I wanted to be truthful with you. You will get over this. Hugs !

I really appreciate guiding me through the laws and explaining them, and just being so kind to me, all of you guys!

Pre-trial is in two days, I don't expect no contact order to be dropped but I hope for better, and maybe my lawyer can have charges dropped before the second pre-trial ( about a month)

You guys actually gave me some hope!

Well.. I'm not going to jail I was not the one involved.. I would assume the court would extract some money and that would be the end of it. If the story we have is in fact the gist of what really happened then the judge could act at his/her discrepancy whereas the police officers could not..

I hope so too!!!

What Why_Me means by DV is Domestic Violence. It is not tolerated and is subject to jail, fines, on your record even only a misdeameanor. Earlier Post "Think" that Miranda rights were no given. I doubt that. The only defense is to be a Couple again and learn from this mistake and move ahead.

Please in your favor: You don't have prior Complaints with Police Agencies or Courts for simular Offenses.

I see No reason for Deportation if you stay ahead of the System and Volunteer for Services instead of them requireing it.

I also feel as a gut feeling, your husband wished this never happened either.

I think He Will Be There For You.

Tim, thank you so much for explaining and not judging me

You are right- my husband wrote a letter to the prosecutor asking to drop charges and drop no-contact order and let us go to counseling together ( currently each of us going to therapy to work on our issues and therapist already wrote a letter to my lawyer about my treatments etc.)

I miss my husband a lot! I want him to come home and he wants it too - he wrote me email about that ( i am not allowed to communicate and i dont but apparently he can write me about anything - my lawyer said "just do not reply") And I am very depressed knowing that that most likely no-contact order will not be dropped until the case is resolved ( hopefully it will be dropped)

I just hope for better and pray

The law is so weird at times.

My son's father pushed me in the face and then jumped on my back, pushed me down onto a couch and choked me.

When I called the Cops, they said it was only harassment because I wasn't injured.

Next time I guess, i should make sure there is no couch.

All the best. I think your husband should just refuse to testify. The problem is you confessed.

Well.. you are probably right but I was not aware that woman would be arrested for slap on arm... and now I cannot take it back - I don;t want to get charges for lying in the court...

Thanks for you advices and for sharing your experience!

look over on immigrate2us for similar cases. if you already have 10 year you are in the clear. get your lawyer to minimize the charge and get back in your husband's good will. consider waiting a bit when you are eligeable for citizenship (status change). this issue should be well dead before you attempt a change in status. talk to a good immigration attourney who has experience in adjusting to citizenship wih minor criminal history. do not waste money on any attourney who hasn't relevant experience.

long and short of it is, your focus now is forced onto this "trial", when it should be on your relationship with your husband.

Thanks for the advice, and yes, I did and if people get convicted in domestic violence they get deported (however I looked at the cases when there was beating, injuries and testifying against each other). And yes, I am focused on the trial now because first of all I cannot talk now to my husband - no-contact order, second of all - if I get deported I cannot come back to US for at least 10 years - how do you think that kind of relationships is going to work?... obviously that would be the end of our relationships(((... I do think about our marriage, everything what I think is charges and marriage...

Thanks for advice about immigration attorney, I will start looking for experienced one right away.

You can be charged with assault for tugging on someone's shirt. If you touch someone without their permission then it can be classified as assault. If it's a family member or someone you live with then it can be classified as domestic violence. I remember when parents used to spank their kids - a swat on the backside or a slap on the wrist. Now it's considered child abuse. It's a crazy world we live in.

An LPR convicted of domestic violence under the laws of any state or the federal government is deportable under INA 237(a). Her husband has the right to refuse to testify. He cannot be compelled to testify against his wife. However, if he testifies and claims it never happened then the prosecutor would be in a bind. I've seen lots of domestic violence cases against men tossed out because their wives backed them up in court.

That's right - it is crazy! It is blown out of proportion this domestic violence law in US!( I guess it became so overprotective because some really ugly cases appeared, I just thought I am not in that category... am I?

I can't talk to my husband and I don't want him to say it never happened - I am afraid they would take him to jail for lying, wouldn't they???

Are you sure it was only a slap on his arm, because I find it really odd for prosecutors to waste their valuable times on this case. So did they charge you with assault in third degree or what?

The fight must have been more violent, and a slap on a grown man arm shouldn't bring a conviction or deportation.

I am sure, I slapped him on arm ONLY and there was slight redness that faded quickly and the officer actually took a picture and there is no sign of hit on it. But they said this IS still violence, in my case - 4th degree assault domestic violence...

It was huge shock for my husband as well (he said he would have hidden the arm if he new they would take me). he thought this kind of law applies only to men so I guess he was afraid to go to jail himself but never thought it would be reversed situation...

My lawyer said he is calling her every other day and asking what he can do to have charges dropped but at this point it is not up to him I guess...

As far as I know now - conviction in domestic violence IS one of the reason for deportation, no matter what kind of situation occurred, even slap on arm...