prior dv

[r8rfanisi 0]

I hope someone who knows more about the process can help me out

I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket.

If anyone else has similar circumstances, let my know how it played out.

Thank you all in advance

Edited July 20, 2007 by r8rfanizme

[pushbrk 12,824]

I hope someone who knows more about the process can help me out

I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket.

If anyone else has similar circumstances, let my know how it played out.

Thank you all in advance

Unless you must answer "yes" to this question, the above doesn't matter. I don't see "criminal mischief" listed. Pay special attention the definition of the keyword "convicted".

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of thefollowing crimes:

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 ofthe instructions for the full definition of the term "domestic violence.)

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes,

Edited July 20, 2007 by pushbrk

[r8rfanisi 0]

I hope someone who knows more about the process can help me out

I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket.

If anyone else has similar circumstances, let my know how it played out.

Thank you all in advance

Unless you must answer "yes" to this question, the above doesn't matter. I don't see "criminal mischief" listed. Pay special attention the definition of the keyword "convicted".

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of thefollowing crimes:

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 ofthe instructions for the full definition of the term "domestic violence.)

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes,

Thank you for the response.

In my state, Domestic violence is "any crime committed between two persons in an intimate relationship". It was prosecuted as a Domestic violence case. my paperwork has D.V. all over it. how hadr will this be held against me?

thank you.

[pushbrk 12,824]

I hope someone who knows more about the process can help me out

I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket.

If anyone else has similar circumstances, let my know how it played out.

Thank you all in advance

Unless you must answer "yes" to this question, the above doesn't matter. I don't see "criminal mischief" listed. Pay special attention the definition of the keyword "convicted".

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of thefollowing crimes:

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 ofthe instructions for the full definition of the term "domestic violence.)

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes,

Thank you for the response.

In my state, Domestic violence is "any crime committed between two persons in an intimate relationship". It was prosecuted as a Domestic violence case. my paperwork has D.V. all over it. how hadr will this be held against me?

thank you.

I see. So you were convicted of a form of domestic violence. You'll have to answer yes and provide the records. It is really unclear at this point, just how any of this is considered by USCIS in the approval process but the purpose of the law is not to prevent people from successfully petitioning for their fiance(e). It is to make certain the foreign fiance(e) is fully informed of such things. You'll want to fully inform her so that when and if asked about your Domestic Violence conviction, she can truthfully say she's aware of it.

[Dave567 0]

I am in the exact same situation and live in the same town. 7 years ago, dv, deferred sentance, ect... I have conducted extensive research and talked to a lawyer about this. As far as I can tell the law does not allow for visa denial based solely on this type of police record. Some other sites are concerned with the consular's discretionary power. Also, the paper work submitted must be up to par or the visa can be denied. I suggest we meet somewhere so we can help eachother out. You should be able to email me.

Thanks

[Seattle2Cebu 0]

so are what you saying is that it is not necessarily a denial here on the US end?

I had a dv case, ( spanking my own children) I have a deferred whatever it is. I asked and I was told

it is not a conviction, so I answered no on the form. My case is set to be dismissed a year from now.

This happend a year ago and I got a two year deferrement. I did have a wife from overseas who used

the event to leave the marriage, and I have no idea what she might have told immigration. She was

coming up on whatever it is... permanent status I think. Since she left, I assume she would have to

give a reason, maybe not. There arent any police reports or any shred of evidence of any violence

committed against her, simply because there wasnt any. Im a little paranoid something could be entered

in the computer that would hinder me. I could possibly file a motion to have the case dismissed.

so any thoughts about where I stand?

I hope someone who knows more about the process can help me out

I had a D.V. seven years ago. I was arrested on 3rd degree assualt (wrecklessly causing bodily injury). It was plea bargained to chiminal mischief (damaged property of less than 100 dollars of value). on a defered judgement. I know I must send in copies of this, even though I withdrew the plea of guilty. I can't prove self devence, of extreme cruelty. What's going to happen? This is my only blemish on my record. I never even had a speeding ticket.

If anyone else has similar circumstances, let my know how it played out.

Thank you all in advance

Unless you must answer "yes" to this question, the above doesn't matter. I don't see "criminal mischief" listed. Pay special attention the definition of the keyword "convicted".

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of thefollowing crimes:

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse or stalking. (Please refer to page 3 ofthe instructions for the full definition of the term "domestic violence.)

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes,

Thank you for the response.

In my state, Domestic violence is "any crime committed between two persons in an intimate relationship". It was prosecuted as a Domestic violence case. my paperwork has D.V. all over it. how hadr will this be held against me?

thank you.

I see. So you were convicted of a form of domestic violence. You'll have to answer yes and provide the records. It is really unclear at this point, just how any of this is considered by USCIS in the approval process but the purpose of the law is not to prevent people from successfully petitioning for their fiance(e). It is to make certain the foreign fiance(e) is fully informed of such things. You'll want to fully inform her so that when and if asked about your Domestic Violence conviction, she can truthfully say she's aware of it.

[ding 1]

Seems like I've read this before. The replies all said that the law was trying to inform the fiance and prevent a serial abuser from running through several unsuspecting women. Every reply here says to be upfront and don't lie.

Hope it helps.