Is he going to be DENIED?

[Milva 0]

My husband and I already received the 1 year extension letter and in the middle of processing for his 10 year GC.

Here it's the deal:

My husband was arrested Friday because we go into a fight. He has been charged with domestic violence.

Is that enough to deny him getting approved?

Is the extension still good or will they revoke that too?

Will he be deported?

I know I am jumping the gun since he was already released and he needs to go back to court with the lawyer I am just trying to see what is someone's experience with this situation. I KNOW he needs to speak to an immigration lawyer I was just hoping someone can provide me info with their experience.

Thanks

ML

[*JG* 2]

Shouldn't really be an issue. Because it will take a long time to get through the courts, he will most likey have his 10 year GC before they even dispose of the case.

If you have an interview, it would be wise to mention it.

[antda 13]

Hi Milva,

I'm sorry that this happened and caused a lot of hardship for your wife and your family. I do hope that with the help of a good criminal lawyer, that you will get this sorted out in court too.

As for the I-751, the instructions say:

"If you have ever been arrested or detained by any law enforcement officer for any reason, submit (any and/or all of these, as pertains to your situiation):

1) An original official statement by the arresting agency or applicable court order confirming that no charges ere filed.

2) An original or court-certified copy of the complete arrest record and/or disposition for each incident (dismissal order, conviction record or acquittal order)

3)An original or court-certified copy of your sentencing record for each incident, and evidence that you have completed your sentence, specifically: a)An original or certified copy of your probation or parole record or b)Evidence that you completed an alternative sentencing program, or rehabilitative program set aside, sealed, expiurged or otherwise removed from your record

4)An original or court-certified copy of the court order vacating, setting aside, sealing, expurging or otherwise removing the arrest or conviction

5)An original statement from the court that no record exists of your arrest or conviction."

Either way, for immigration purposes at the I-751 stage and at the N-400/Citizenship stage, you have to submit the above paperwork for this court related matter, and to tell the truth about it to immigration officials when asked on immigration forms and/or in-person interviews.

Hope this helps. Good luck on your court situation and in the rest of your immigration journey.

Ant

My husband and I already received the 1 year extension letter and in the middle of processing for his 10 year GC.

Here it's the deal:

My husband was arrested Friday because we go into a fight. He has been charged with domestic violence.

Is that enough to deny him getting approved?

Is the extension still good or will they revoke that too?

Will he be deported?

I know I am jumping the gun since he was already released and he needs to go back to court with the lawyer I am just trying to see what is someone's experience with this situation. I KNOW he needs to speak to an immigration lawyer I was just hoping someone can provide me info with their experience.

Thanks

ML

Edited October 13, 2008 by AntandD

[*JG* 2]

The paperwork for the LOC has already been filed.

[antda 13]

Yes, I know that, and I also said: "Either way, for immigration purposes at the I-751 stage and at the N-400/Citizenship stage, you have to submit the above paperwork for this court related matter, and to tell the truth about it to immigration officials when asked on immigration forms and/or in-person interviews."

In other words, also have that above stated police and/or court paperwork beforehand, just in case they do ask, for any stage of the immigration process. For all I know, for the I-751, they could get an RFE, and/or an interview, or they would need it later on for the N-400, or for other legal and/or immigration purposes. And omitting and/or lying about such legal matters could be a cause for "denial".

Hope this helps too.

Ant (Still waiting at the VSC...)

The paperwork for the LOC has already been filed.

Edited October 13, 2008 by AntandD

[Chica Yeyé 41]

She didn't lie when they first submitted the paperwork. At the time there had been no arrests, from what I understand.

To the OP: I hope you guys can work things out. Take care of yourself, ok?

[antda 13]

Yes, that is true...and they did fill the form out correctly at the time, as "there were no arrests"...

So on that note, their application would probably not be rejected, they won't revoke the NOA, and if all goes well, they will more likely than not be approved.

However, it would not be the truth when/if specifically asked later on and if they omitted and/or lied about such, which could be a cause for "denial"....

Ant

She didn't lie when they first submitted the paperwork. At the time there had been no arrests, from what I understand.

Edited October 13, 2008 by AntandD

[*JG* 2]

OK.....that is what I said. If you have an interview, be prepared to fork over documents.

[Chica Yeyé 41]

OK.....that is what I said. If you have an interview, be prepared to fork over documents.

Exactly right

[*JG* 2]

Yes, that is true...and they did fill the form out correctly at the time, as "there were no arrests"...

So on that note, their application would probably not be rejected, they won't revoke the NOA, and if all goes well, they will more likely than not be approved.

However, it would not be the truth when/if specifically asked later on and if they omitted and/or lied about such, which could be a cause for "denial"....

Ant

She didn't lie when they first submitted the paperwork. At the time there had been no arrests, from what I understand.

Again, Ant, that was not the case WHEN they submitted the paperwork. If they have an interview, that is the appropriate time to tell the tale and produce associated paperwork. If they do not have an interview, it's not an issue at all.

[Milva 0]

Thank you all for your support believe me it helps! And you guys are right WHEN we applied we did not lie however I am concerned that when the biometrics report goes to them (we applied in May 2008) therefore they have not gotten to our application as of yet it will show. Does anyone know if this is enough to be rejected or worse the extension revoked or not allowed entry back to the US. I am worried because we have a baby who loves his father and I do not want to separate that bond. This is his first and only offense, he has never been in trouble with the law, he works and pays taxes. PLEASE HELP ME? What should we do?

Thanks

[diadromous mermaid 36]

Thank you all for your support believe me it helps! And you guys are right WHEN we applied we did not lie however I am concerned that when the biometrics report goes to them (we applied in May 2008) therefore they have not gotten to our application as of yet it will show. Does anyone know if this is enough to be rejected or worse the extension revoked or not allowed entry back to the US. I am worried because we have a baby who loves his father and I do not want to separate that bond. This is his first and only offense, he has never been in trouble with the law, he works and pays taxes. PLEASE HELP ME? What should we do?

Thanks

Is he outside the country now?

[NLP 0]

Do they even have the right to deny based on an arrest? I would think Coffin v United States firmly established presumption of innocence. Now if the charges aren't dropped, this goes to trial, and he's convicted, all bets are off. But until then what legal right does USCIS have to deny having conditions removed based on merely an arrest*?

*This is a theory question. While it may be the case, please don't assume so without advising legal counsel. I'm just curious what members have to say on this.