MamaAsiya

Oftentimes it helps to view something from a different prospective.

You want to save a dog. Instead of adopting one that comes with papers and has gone through proper training, you go to a shelter where they only have aggressive dogs that are basically unadoptable.

You find one you like, it looks at you with his puppy eyes, wags his tail. You take him home and treat him like a favorite child. A while later this dog bites you severely, leaves deep wounds under your skin, and after having a specialist take a closer look, you find out that this dog has indeed a history of aggression, so you picked an aggressive dog from a pool of aggressive dogs.

Surprise!

You let the dog go but now it roams the neighborhood, bites people, children, then hides again in the bushes, only waiting for the next opportunity and victim. Do you have a moral obligation to warn other people that the dog you freed is ready to attack at any time, or should you feel sorry for yourself instead?

Guess that's a question you have to answer.

Just Bob: This strikes me as ethnocentric. Is it your belief that no USC should marry anyone one from a high-fraud-risk country? There are plenty of people in other countries who have had "proper training" and there are plenty of "aggressive" and "unadoptable" people here. Manipulation and deceit are human characteristics that are not confined by borders. Your analogy assumes she should have known how to distinguish different "dogs" from the beginning. This is unreasonable given the frequency of marriage fraud, abuse, etc. OP appears to be the victim of a crime. While it is a natural psychological response to blame the victim, it is extremely unfair.

OP: I agree with the other posts. I think it is worthwhile to contact USCIS. You seem to be a very rational person. The fact he specifically mentioned his sister getting married for papers is significant information. USCIS works with the information they can get - it doesn't have to be a concrete argument. Who knows how they will respond but I think it is worth your time. I wish you the best.

Inky makes a good point. It comes down to proving what's in the best interest of the child. Generally speaking, you can not take a child out of state without both parents permission. If your child is established in NY/Conn, it would be difficult to prove it is better to uproot. However, I have seen it done. Good luck to you.

Thanks for the replies.

I was wrong on some assumptions. It turns out he does have a lawyer. The lawyer waited until after 7pm to call me last night and ask if I will testify in court today. It turns out his bond hearing was moved so that is what the court date is for. Two convictions for "crimes of moral turpitude" would make him ineligible for bail. However, domestic violence is the one exception to this rule. The lawyer wanted me to help him prove that he "only" woke me up by slapping my face (giving me a bloody nose) and dragged me across the floor (massive carpet burns) trying to kick me out of the apartment naked while our one year old was asleep in the other room. Apparently that works in his favor! I'm livid. The petty theft could have been for stealing food while he was starving. Domestic violence is the most likely crime to be repeated so why is the "moral turpitude" debatable?

He was already denied bond and has requested a trial. Does that mean this court hearing will include a judgement?

Hello all,

My soon-to-be-ex-husband was arrested for petty theft (misdemeanor) July 2nd. He was transferred to ICE custody as his conditional green card was expired. He was also convicted of spousal battery 2 years ago (misdemeanor). We have a daughter. I have not been in touch with him because the phones are very unreliable. I heard he had his bond hearing last Monday. ICE's automated system said he has a hearing tomorrow morning. I don't think he has legal representation (a family member was trying to hire someone but the lawyer has not contacted me to confirm). He did not waive his right to a trial. Does anyone know what I can expect tomorrow? I am mostly trying to understand the process. I was told by an ICE officer that I can bring him a 30lb bag. Does anyone know about the restrictions on dropping off property? I'll be driving up tomorrow to drop off the bag (hopefully) and sit in on the hearing/trial.

TIA.

There is a 6 month waiting period for divorce in California - you will not be divorced by the end of the year. I petitioned for a divorce over a year ago and it is still not finalized *sigh*. Of course, yours may be quicker if you have a lawyer. You probably won't have the divorce finalized by the time you have to apply for ROC, which means you will have to send the divorce decree in later. Do NOT miss the deadline to file for ROC!

Nevermind - missed your earlier post and thought you were in California

There is a 6 month waiting period for divorce in California - you will not be divorced by the end of the year. I petitioned for a divorce over a year ago and it is still not finalized *sigh*. Of course, yours may be quicker if you have a lawyer. You probably won't have the divorce finalized by the time you have to apply for ROC, which means you will have to send the divorce decree in later. Do NOT miss the deadline to file for ROC!

Hi all,

He was charged with a misdemeanor and will be "released" Thursday. I'll be calling USCIS/ICE to get more information on what happens next. If you know the number to call, that would save me some time Are there any detention centers in Northern California (we're in the SF bay area)? Or are they going to transfer him to LA?

I tracked down the number - strange they don't have it online. Thanks again to everyone who replied.

Hi all,

He was charged with a misdemeanor and will be "released" Thursday. I'll be calling USCIS/ICE to get more information on what happens next. If you know the number to call, that would save me some time Are there any detention centers in Northern California (we're in the SF bay area)? Or are they going to transfer him to LA?

By reading your situation and what you desire; I honestly feel that the questions posted by you are beyond the scope of this forum. He needs a lawyer with immigration and criminal expertise. General knowledge is dangerous, you need specific professional advice. From the top of my head, he would first have to fight and clear all the criminal accusations in court; and having a clean slate he should then fight his case with immigration court.

I am not going to pay for a lawyer. I realize the nature of this forum and I'm appreciative of the information I have received. It is a complicated situation and there can be a number of outcomes. But, if I didn't write here, I wouldn't have known to call the jail and ask about an immigration hold/detainer. The general information has been enough to help me prepare for the conversations I will need to have with my daughter. Thank you for the advisory - I will not take any one persons thoughts as law.

If he has been charged with a felony and gets convicted, he most likely will serve time in prison. Usually, while he's serving his sentence, USCIS will seek to revoke his status as a resident. In this case, however, his failure to file for R.O.C. will have most likely already triggered this, regardless of his trouble with the law. Either he will have a hearing in front of a judge while serving his sentence, or right afterward. His chances to avoid deportation are extremely slim. It is very unlikely that he'll be released for even a single day before deportation. V.D. is not an option in his case. An $8K - $10K attorney would try to get it, but it would really be a shot into the dark.

It is your decision in how far you want your daughter to be aware of all of these things. It's not an easy decision to make. He won't be coming back to the US for at least 10 years; more likely is that the felony conviction will make him a persona non grata even beyond the timely boundaries of the 10-year deportation bar.

I'm sorry for you, and even more for your child.

Thank you very much for this information.

Will they skip the immigration hearing?

I can't tell you how much I appreciate the information. I found out he was charged with burglary, first degree (a residence) and there is an immigration hold. I'm going to assume he'll be found guilty. Will he have to serve out his sentence or is it possible he will be deported sooner? We're in California.

If he does do voluntary departure, would he be released beforehand? I guess I should save these questions for when I know more. Are there any threads you can refer me to on removal proceedings, ICE, etc?

What is VD? Do the ICE detention centers have visitation rooms or is there a glass wall? Thanks for all the helpful replies.

So, when he enters removal proceedings an immigration hold is automatically put on him? Or do they have to notice he's in jail then decide to issue an immigration hold? I'm wondering if he will ever be out of custody before he's deported. It would be a shame if our daughter does not get to say a proper farewell.

Hi Bob,

Long story short, he did not file I-751. I'm sure removal proceedings will begin shortly. I was wondering if he will be released from jail or if they will continue to hold him. Any thoughts?

Hello,

My ex-husband (divorce will be final in ~3 months) just called from jail. His conditional green card is expired. I believe he has received a NTA but I do not know the date. I noticed there is no bail set and was wondering if he might get transferred to federal due to his immigration status. Does anyone know what will happen? He has a record - spousal battery and using the light rail without tickets, both misdemeanors. I don't know what he was arrested for this time. I don't know if I will be able to go to his hearing on Thursday because it's our daughter's birthday and I'm not exactly eager to go to court.

Any information would be greatly appreciated.

Thanks in advance,

Mama Asiya

Is there a fee waiver for I-290B?

Thank you very much for the information!

He has one, spousal battery. But, it is inevitable he will run into trouble. His green card is expired so he can't work - which means he's floating around homeless. He's been brought in a few times but not charged with anything. The attorney made it sound like only one misdemeanor is excusable, regardless of the type of offense. That didn't sound right to me...

Hi Again,

An immigration attorney told me that there is a statute (?) giving a judge the option to allow someone with a single misdemeanor to remain in the U.S. However, multiple misdeamenors require the immigrant to be deported. Anyone familiar with this?

Thanks again,

Mama Asiya

Hello,

My soon-to-be-ex-husband recently filed for ROC on his own behalf due to an impending divorce. He received a letter from USCIS (which I have not yet seen) stating I-751 has been denied because they have not received his application. I'm assuming he filed a couple of days late. It said he has the option to appeal but contained no additional information about how to proceed. He's trying to get advice from an attorney, etc. I was hoping I can get more information about what to expect and his options to proceed.

Personal Background: I am conflicted about whether I want him to stay or leave. He was abusive to me (convicted of a misdemeanor). He now seems genuinely reformed (he really took to the anger management classes, pscyhiatric treatment, etc.). He keeps his distance and does not bother me. Our daughter is very attached to him. He is not consistant with his visitations and, on average, sees her about 4-5 hours a week. I don't want to continue to be financially responsible for him but it is unlikely that would actually materialize. I am not sure what role I should play so I am looking for my options too.

Thanks in advance,

Mama Asiya

You can't claim a spouse a dependent. He was your spouse on 12/31/ 2010 (based on info from another post by you) so you would have to file jointly to get the deduction.

Oops - I meant filing jointly. I guess it doesn't matter for the fee waiver since it's 2011.

Any thoughts on if the fee waiver will effect whether or not they remove conditions?