Mitzey

8 hours ago, JayDGODITRUST said:

Also I wanna let you know I read every feedback in this thread and not all was in best wishes for you but hey

everyone has their freedom of speech

my friend I’m happy for you 

Most people are just pessimistic and have no faith at all. But now my story can stand as a testament of hope for others.

Hello, I just wanted to give everyone an update on regarding this case. I was approved for my 10 year Green Card! I honestly have no idea how my attorney managed it, but I got the 10 year green card no issues at all. I didn't even get called for an interview for it with immigration, despite having multiple convictions of Domestic Violence(Which I didn't even commit, my ex-wife self inflicted injuries to get me arrested). I also had a further conviction I got even after I had applied to remove the conditions of my green card, where I was charged for possession of a firearm from my trip to Las Vegas for just going to a legal firing range. My ex-wife had filed a police report from California to LVPD to say I had been to a firing range and had shown them screenshots of me from my social media of me attending the firing range. I was convinced that having 2 convictions of DV alone would have made me deportable. Then with the following conviction of Possession of a Firearm a couple of years later, I was sure I had secured all the nails in my immigration coffin. But I kept tracking my progress, and step by step, I got the 16 month extension on my Green Card first, the the last time I checked my status it just said I had been approved and that the 10 year green card had been sent to my address. I received it a couple of days later. So wanted to provide this update just to let everyone know, I wasn't deported, against all the odds favoured against me, and I hope this can bring some hope and positivity towards anyone who might be going through a similar ordeal or scenario as I have. If you have multiple convictions which are deemed deportable, it does not necessarily mean you will be deported. Best of luck to everyone on their journey. Thank you to my wonderful team of attorneys and thank you America for having and accepting me!

On 4/10/2018 at 9:50 AM, Damara said:

Also I think the charge of violating the protection order is much more serious then the DV claim. 

 

Matter of R-S-H-, 23 I&N Dec. 629 (BIA 2003)

(1) Under 8 C.F.R. § 1003.46(i) (formerly 8 C.F.R. § 3.46(i)), the mandatory consequence for violating a protective order is that the respondent becomes ineligible for any form of discretionary relief, except for bond.

(2) The mandatory consequence for breaching a protective order will be applied unless a respondent fully cooperates with the Government in any investigation relating to the noncompliance and, additionally, establishes by clear and convincing evidence either that extraordinary and extremely unusual circumstances exist or that failure to comply with the protective order was beyond the control of the respondent and his or her attorney or accredited representative.

(3) The presence of federal employees, including court personnel or Department of Justice attorneys, at a closed hearing where a protective order is discussed does not violate the protective order regulations.

(4) The respondent is ineligible for any form of discretionary relief, except for bond, because a protective order issued by the Immigration Judge was violated by disclosure of protected information to unauthorized persons.

 

------------------

 

Domestic Battery

Matter of Sanudo, 23 I&N Dec. 968 (BIA 2006)

(1) An alien's conviction for domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not qualify categorically as a conviction for a "crime involving moral turpitude" within the meaning of section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii) (2000).

(2) In removal proceedings arising within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, the offense of domestic battery in violation of sections 242 and 243(e)(1) of the California Penal Code does not presently qualify categorically as a "crime of violence" under 18 U.S.C. § 16 (2000), such that it may be considered a "crime of domestic violence" under section 237(a)(2)(E)(i) of the Act. Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006), followed.

 

 

Google the court cases and read the dockets/summaries. Make note of some of the statutes mentioned and ask attnys specifically about them. But honestly this is outside of the DIY realm. Immigration law is complex so you will need an attny. Do you need help finding a probono attny? I can try to dig up some links if you need it, but honestly google is your friend. 

I did try looking for a Pro Bono attorney, but like was stated before, they usually only really want to help "victims'. Legal Aid said no and couldn't really find anything else. Wouldn't even mind a partially paid/pro bono attorney. 

I do have a couple of consultations coming up. I checked out the background of the attorneys and they seem more than qualified to help. But both just said removing the ROC wouldn't be a problem and it could be done. Like it was easy. So makes me concerned they're just saying that for my money.

8 minutes ago, Damara said:

You have to remember that no attny will guarantee results. If they do thats a big red flag. BTW Sandra is an attny and she previously commented here that it is her opinion you will be denied by USCIS and need to go to court. Keep in mind though she is based out of NY- so its not the same district you are in. ''

 

Like I said before there is a chance an attny can help during the USCIS process. If Officers there know the local district court will approve/override their decision of no they may say yes. When you speak to attnys specifically ask about how the statute of inadmissibility  applies and if they anticipate a denial from USCIS and how they will proceed in immigration court... They should be able to quote you previous BIA (board of appeals) decisions fom your district that set precedence for you to be approved. 

 

Is there anychance of having your daughter  and your wife(youd have to remarry) move to the UK? WHat about attempting to change your plea/conviction to something more immigration friendly? Thats what most people attempt to do in these situations. 

Thank you so much for that advice. That was a really helpful point to make when I speak to the attorneys. 

And Yeah we'd discussed the possibility of them moving to the UK eventually if I did get deported. But I really don't even want to go back there. I wanted to start a new life and start a family here. I love living here and dedicated myself to this move. I really just want to stay here.

2 hours ago, Boiler said:

I am unclear if you have appointed a Lawyer yet?

I've spoken to a fair few. The majority all sounded confident about removing conditions despite the convictions. But like was said. To me it sounds like they're just trying to get my hopes up to get my money. It's cruel if that's the only reason they're doing that. But yeah I have a few consultations coming up to speak further about it. Most of them have just said it's possible, just a case of jumping through a lot of hoops. But I don't know. I think my best bet, is if it came to immigration court and a defense there. It's just the time in between that's torture, because I'm always unsure if this will be the last year I get to spend with my daughter before we're torn apart 5,000 miles.

18 hours ago, Going through said:

Child support can be sent from anywhere in the world to the US through money transfers, postal system, etc.

 

How old is the child?  The younger the better, in cases such as these...

I just seen your edit. She is going to be 2 years old in June.

3 hours ago, Going through said:

Two misdemeanor convictions involving domestic violence....and you live in a district that considers the offence(s) deportable.  It's certainly not the best situation for you.

 

At an immigration hearing (if/when it reaches that point) your completed intervention and completed community service will be taken into the record, of course.   They will also take into consideration you have a USC child, however given you are divorced from the mother, would be somewhat difficult to prove hardship in immigration court since the mother is already living without you and (presumably) already able to support herself and the child financially without you NEEDING to live in the US (as opposed to them moving to the UK or a third country to reunite with you)...but anything is possible.

 

Consultation with a lawyer is a good idea so as to prepare yourself for possible outcomes.

I'm really grateful for your help and words of wisdom. Truly.  The mother and I are back together, living separately for now, but will be moving in together eventually before the year is through. No talk of re-marriage as of yet. She is only able to barely support herself and our daughter because as part of the divorce I was ordered to pay $600 a month in child support. If it wasn't for that, she wouldn't be able to support our child. So she does rely on me to support our child. 

1 hour ago, Going through said:

Ok.

 

So the Fourth District holds a stricter view when it comes to your misdemeanor domestic violence conviction.

When you broke the restraining order, what was the legal outcome of that?  Did you appear in court? Were you officially charged/convicted of a second misdemeanor as a result?

I was convicted, was a plea of no contest. Served 4 days in jail and had 8 hours of community service. This just keeps getting worse and worse. Does the fact I would of completed the classes of 52 week batterers intervention and completed community service not come into consideration. I feel like this is just more than likely just going to end in a denial. The thought of my daughter growing up without her dad in her life is terrifying me everyday. 

5 minutes ago, Unidentified said:

It has nothing to do with what USCIS office you go to. 

 

http://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals

I see. Thank you. It's Fourth District - Division Three, the court is still in Santa Ana

17 minutes ago, Damara said:

Yeah I understand moving to a border town may not be possible. I was just throwing it out there as a possibility. 

 

Anyway--- you dont seem to be well versed in the legal aspects of immigration so Im going to try to explain this to you in plain English. - Immigration is federal. All of USCIS goes by the same federal statutes. The immigration courts go by districts. you can use google to find out what district you are in.) So USCIS will review your ROC and use the federal guidelines which basically state no ROC for you because of the convictions. You will then be sent to immigration court where depending on the district they interpret the federal statutes differently. Quoting Sandra "Your faith  will depend  on where you live,  because  The United States Courts of Appeals have different understanding  about misdemeanor involving  domestic violence, for example the 2nd, Fourth, Sixth, Ninth and Tenth Circuits held that physical force means violent force   and that the person should be removed on the basis of  one  misdemeanor crime of domestic violence but other Circuits held that physical force involve application of force, however slight.  Here is one decision of the Board Of Immigration about domestic violence for you to have a better idea how each Circuit decides about deportability involving a crime of domestic .violence ".

 

Does that make sense? IF you live in a district that does not consider it deportable you will be able to win in immigration court with the help of an attny. You really need to speak to local attnys to find out how your district handles it. 

 

If you get an attny to help file your ROC and you live in a favorable district PERHAPS they can make the case with USCIS and get USCIS to approve you. But its a slim chance since as stated they go by federal policies which say its a no. People have also been able to go back and change their pleas in court from DV to a charge that has no impact on immigration. This would involve using an immigration attny and a criminal attny. Look into probono groups as well as private attnys. However be advised that you pleaded guilty and it may be hard to find a pro bono attny to help you. They typically like to help "victims" not perpetrators. 

I'm sorry I'm a little slow on how things work here. I'm still really confused by your response. I tried using google to tell me what District I'm in, but I don't know what I'm looking for. I live in Anaheim, CA. Orange County. The USCIS office I go to apply is Santa Ana, CA. I don't know how I'm to find my district with that information. I really appreciate your help and advice 

4 minutes ago, Going through said:

An attorney can help you with filing the ROC paperwork, for sure.  But at that point, you're retaining them for a huge fee to do something you could do yourself---fill out information on an application----because unfortunately there's nothing the lawyer can do to change immigration law that the IO officer must follow.  In my opinion, better to do the forms yourself since all you need to do for the criminal aspect of it is send in the court certified disposition, and copy of the record of completing the Batterer's Treatment program.

 

You say you're innocent of the DV crime (not saying you aren't---only you know the truth of the matter)....but even so, you are still guilty (by your own admission) of violating the protection order.

 

If you prefer the services of a lawyer,  try to find one pro-bono, because honestly you would be wasting a lot of money paying towards what ends up a denial. 

Or, as mentioned earlier, pay for a lawyer AFTER the denial when you are in court fighting deportation.

So do you think there's absolutely not a chance I'll be approved initially after filling the application, regardless if I have a attorney to help or not?

Also, do you happen to know if I'd still be given a year extension after I apply, whether it'll be denied or not?

4 minutes ago, Damara said:

No one is going to be able to give you a quote for attny fees. Contact attnys and find out. (but I suspect it will be thousands). I also dont believe there is much they will be able to do for you during the actual ROC process. As stated before the Officer is bound by the current policies and laws. Perhaps the attny can make a case for you during ROC but probably their services will be used AFTER a denial when you are fighting in immigration court. Did you read Sandras post from last year? What district are you in? 

 

Also no one demands you go back to the UK. Just that you leave the US. Perhaps living on the border is feasible for you?

What do you mean by district? I'm in Orange County, CA. I wouldn't want to move to Canada or Mexico. I have absolutely no connections there. If I was denied and told I had to leave the US. I would just go back to my family in the UK. But I don't believe it should come to that, I don't want to be ripped apart 5,000 miles away from my daughter and the mother of our daughter. I didn't even do what I was convicted of, and I'm still taking all these classes and paying the fines and fees, but it seems like it's a losing battle and nothing I do is going to help.  And surely an attorney would be able to help me when it comes to ROC, because I can't file all the paperwork myself, I would need help and advice and everything.

6 hours ago, Going through said:

Good that you are sticking with your program.

If things continue to work out with your ex-wife perhaps you might want to consider the possibility of her and the child moving to the UK with you.

That wouldn't be fair to make them do that. I really would just like to stay here and become a 10 year green card holder. I'm not a criminal. I'm a family man, I just want to be a good father for my daughter and be with the woman I love. It's cruel how things are up in the air and so uncertain 

Hi everyone. Just wanted to give an update. I'm 44 weeks into my Batterer's Treatment program, so only 8 more classes to go before it's completed. My Conditional 2 year Green Card expires at the end of this year in December. My ex-wife and I are back in a relationship together. But we're both still really concerned about the possibility of me being denied ROC and not being able to obtain my 10 year green card. 

I've been searching the internet for months trying to find "success" stories about people who have been able to ROC and be granted 10 year green card, despite being divorced and having a DV and violation of restraining order conviction. I haven't found anything, so I'm constantly in fear that it'll all be for nothing and I'll just be denied and deported when the times comes. And I'm terrified because I don't want to be taken away from my daughter here. It's not as if I'm being deported across the border. The UK is 5,000 miles away and it'll make it near impossible for me to be in my child's life. 

Would anyone know realistically how much I would need for an immigration attorney to guide me through this complicated process? I just need any kind of glimmer of hope. Thank you.

8 hours ago, mhis82 said:

Domestic Battery or Spousal Battery is not CIMT ( if convicted as Misdemeanor ) and it is not Domestic violence or crime of Violence, I was told my Immigration officer few years back.......What makes it CIMT is Violation of protective orders, not doing what court suggested you to do. 

Any crimes that involves child, pregnant women is CIMT. As OP mentioned His conviction is Domestic battery which is not an issue, he can renew his green card and lift up conditions aswell. ( I done it before ). 

Really the issue here is OP's violation of protective orders which is a CIMT if convicted. I dont know if OP is convicted of new offense yet or not. If OP plead not guilty to not violating the protective orders he will be fine and move on to his life.

 

I was convicted of that violation but the public defender made it so it was an "immigration safe plea" so pleaded no contest.

Just now, mhis82 said:

Now let me tell you this, your offense DV misdemeanor is not CIMT, you can remove conditions , apply for additional benefits. But violation of protective orders might have rise it to CIMT but hey its not end of this world right?

You have two options, hire lawyer who is dual . Criminal / immigration lawyer which is not going to be cheap . DO NOT APPLY FOR ANY IMMIGRATION BENEFITS AT THIS POINT UNLESS YOU MEET WITH A LAWYER. You will be handed deportation orders instead of getting 10 years green card. 

 

What kind of immigration benefits? Does that include Medi-Cal or anything like that? Not too sure about that type of stuff. How much realistically would I need?

1 minute ago, Going through said:

You have a bit of a trickier road ahead, but anything is possible.  

The issue now is your divorce, combined with your previous charges, combined with open probation, combined with violating the probation/protection order.

Realistically how much roughly would I need to try and save for an Immigration/Criminal attorney, and all the USCIS fees etc? Do you think?

1 minute ago, Going through said:

This.

 

Breaking  your probation/protection order will be seen as worse than the actual crime committed.

You can argue with USCIS that you were wrongfully charged, but violating a protection order shows clear intent to break the law.

 

Doesn't matter to USCIS why the violation occurred.  With them, it's all about intent, especially with CIMTs.

So there is pretty much no hope I'll get approved for a 10 year GC?

There was a violation of a restraining order, because my wife kept contacting me and we kept getting back together, but then kept filing for a restraining order when we kept breaking up.

4 minutes ago, mhis82 said:

Bro, first of to tell you, i am not attorney, or legal representative. I am someone who been there and done that ok keep in your mind. But one thing i am educated and search alot about this DV thing. So i might be benefit you in someway. 

Your said DV Mis, that doesnt explain much your sentense has to be 12 months. do you have the penal code number?

 

 

I believe it's 136.2(i)

Just now, mhis82 said:

I have been in very similar situation. It could have been worst if Hilary won this election. 

Anyway, First step to find out is if your crime make you inadmissible, or Deportable even its misdemeanor. If its not CIMT then you dont need to worry about it much. If its a CIMT you have chance but get ready to spend load of money.

I need to know when did u entered US, When this crime happened, and the language of crime you been convicted of?  Mean your sentence is how long? did u had to do Anger management classes etc?

 

I entered in January 2016. I'll try find the penal codes for the charge. The crime happened in around May 2017. I was sentenced to jail for 8 days, served 4 days. 52 weeks Batter's Intervention Program. 3 Years Informal Probation. Hope this helps

2 minutes ago, CookieCat said:

There is a question in the I-751 form that asks "Have you ever been arrested, detained, charged..." which you will have to answer yes and there's no way getting around it. As @Going through indicated, you will need a court-certified disposition for your criminal charges without which USCIS will not approve your case. They may either keep it pending for a long time and ask for the disposition in the form of an RFE and/or interview, or deny you once they get to your case. Currently regular ROCs are taking a year and bit longer. Honestly with a child in the equation, your best bet is to seek an immigration attorney. I feel your situation is beyond the scope of a DIY site. Yes, immigration attorneys are not cheap so if you're strapped for cash, look for pro bono ones. Until all this is resolved, I would strongly urge you NOT to travel internationally. Sending positive vibes your way.

Thank you for your response. Really appreciate it. Of course I would disclose and inform USCIS of my criminal charge, as I know it will all come up in my background check at the biometrics appointment. Everywhere I look I just seem to get the same result, that it will just be denied. So I don't know if I should waste my time and money, and just go home to England, but I want to fight and stay for my daughter. But if it's completely hopeless, I just don't know. I just want some kind of hope, or someone's success story, that they had gone through something similar and still been granted their 10 year green card, even after a wrongful DV conviction. Can't seem to find any success story like this anywhere online. 

Does anyone have any comments regarding getting approved or denied with the DV conviction?

3 minutes ago, Going through said:

The stamp is proof of your status once your green card expires, and allows you to travel outside of the country for short vacations only while your current ROC application is pending.   

 

Since you have criminal charges, you will need the court-certified disposition for your case as well as any proof of probation served, etc.  USCIS will require these documents to be submitted with your ROC application.

I see. Thank you for your response and your help. I doubt I will leave the country while my case is being reviewed. As much as I'd love to go to the UK and see my friends and family. I'd be concerned about not being allowed back in on my return because of the conviction. Or will I still be let in regardless of the conviction because I have the stamp? 

So once my ROC application has been filed for review. Realistically, I'll still have another year to stay in the country?

4 minutes ago, KULtoATL said:

Not sure about success in ROC with a DV record. However, under normal circumstances, a divorced  conditional GC holder can file ROC with a divorce waiver.

 

While your ROC is pending, you'll get an extension letter. When the extension letter is almost expiring and you still haven't received your 10-year GC, you can make an infopass appointment at your local field office to get the I-551 stamp.

 

Good luck and sorry to hear about your situation.

Thank you for your quick response. What does the I-551 stamp entail? Is that just so I can leave the country and return without a green card?