Renewing green card after domestic violence charge

[MamaAsiya 8]

Hello,

My husband became abusive after coming to the U.S. We are physically (not legally) seperated but working on reconciliation. He is a permanent resident but has to reapply in July. Does anyone have any experience retaining a visa after a violent offense? We have a daughter (who, thank God, was not around) and my family is willing to sign affidavits, etc.

Thank you,

Mama Mdoe

[Deputy Purple 1,294]

As long as you are married he will need you to file for Removal of Conditions jointly. He can't file without you until after you are divorced.

Without the Removal of Conditions he should go out of status and be subject to removal.

If he's been arrested for domestic violence then you might want to forward copies of the police report to USCIS. A criminal conviction can jeopardize his LPR status.

[FortLaudy 10]

I'm not sure if they're both foreigners or not...

Are you a US Citizen?

[TBoneTX 45,957]

I'm not sure if they're both foreigners or not... Are you a US Citizen?

Put the pieces together from the original post and the OP's timeline. (Ah, yes... the inevitable question/lecture vividly looms regarding whether the OP married someone of her own "level," and why she didn't look for marriage among the millions of prospects who were already here in the U.S. We're waiting.)

OP, it's unclear whether you wish your husband's green card to be renewed or not renewed, but I presume the former, because you state that you're attempting reconciliation. Both the domestic-violence charge and the physical separation (depending on its length) may be factors in an official decision to renew or deny the green card. You can wait to hear from people here who have gone through a similar experience, but -- because every couple's situation is unique, and because laws & policies change -- I believe that consultation with a good attorney who specializes in family-based immigration law will be your wisest investment.

[chispas 0]

Hello,

My husband became abusive after coming to the U.S. We are physically (not legally) seperated but working on reconciliation. He is a permanent resident but has to reapply in July. Does anyone have any experience retaining a visa after a violent offense? We have a daughter (who, thank God, was not around) and my family is willing to sign affidavits, etc.

Thank you,

Mama Mdoe

You can try to send the information to USCIS, but they may not even look at that information. I can give you further information from a similar case to you inbox.

[MamaAsiya 8]

Put the pieces together from the original post and the OP's timeline. (Ah, yes... the inevitable question/lecture vividly looms regarding whether the OP married someone of her own "level," and why she didn't look for marriage among the millions of prospects who were already here in the U.S. We're waiting.)

OP, it's unclear whether you wish your husband's green card to be renewed or not renewed, but I presume the former, because you state that you're attempting reconciliation. Both the domestic-violence charge and the physical separation (depending on its length) may be factors in an official decision to renew or deny the green card. You can wait to hear from people here who have gone through a similar experience, but -- because every couple's situation is unique, and because laws & policies change -- I believe that consultation with a good attorney who specializes in family-based immigration law will be your wisest investment.

Thanks for the responses and sorry I wasn't clear. I am a U.S. citizen helping my husband renew his green card and was hoping to get advice from people in similar situations. I will definitely speak with an attorney.

I am not sure why the questions you mentioned are "inevitable." Domestic abuse statistics are not too impressive among U.S. citizens...

[Brother Hesekiel 2,236]

Your husband cannot simply renew or reapply for a new Green Card. The idea of a 2-year Green Card was, and still is, to filter out those people who just married in order to gain immigration benefits. In the old days, those people just got married, then parted ways. Nowadays USCIS wants to see that those couples are still happily married and living together 2 years later before they remove the condition attached to the residency of the foreigner.

In order to remove the condition via I-751, the couple has to file jointly for the removal, has still to be married, living together, and has to provide evidence to that fact. Slightly simplified, somebody living separately from his spouse but is not divorced cannot get the conditions removed, which would result in getting out of legal status.

There are exceptions to this rule, i.e., when the USC spouse died, or was abusive, and even when circumstances exist through which the couple got divorced, in which case the beneficiary would be allowed to file alone, using a waiver. Note, however, that it's either one or the other, not the situation you are in right now. You are in Nowhereland.

In cases where the couple is divorced, the beneficiary/petitioner has to prove that he entered the marriage in good faith. While removing conditions for a happily married couple is merely a formality, doing the same for a divorced one is not as clear cut. To make matters worse, a beneficiary's conviction of a violent crime is most likely a deal breaker. I therefore share the view that your husband should definitely seek the assistance of an immigration attorney.

What you have to decide is whether you want to stay married to your husband, or get a divorce. There's no in-between as far as the US Government is concerned.

[MamaAsiya 8]

Your husband cannot simply renew or reapply for a new Green Card. The idea of a 2-year Green Card was, and still is, to filter out those people who just married in order to gain immigration benefits. In the old days, those people just got married, then parted ways. Nowadays USCIS wants to see that those couples are still happily married and living together 2 years later before they remove the condition attached to the residency of the foreigner.

In order to remove the condition via I-751, the couple has to file jointly for the removal, has still to be married, living together, and has to provide evidence to that fact. Slightly simplified, somebody living separately from his spouse but is not divorced cannot get the conditions removed, which would result in getting out of legal status.

There are exceptions to this rule, i.e., when the USC spouse died, or was abusive, and even when circumstances exist through which the couple got divorced, in which case the beneficiary would be allowed to file alone, using a waiver. Note, however, that it's either one or the other, not the situation you are in right now. You are in Nowhereland.

In cases where the couple is divorced, the beneficiary/petitioner has to prove that he entered the marriage in good faith. While removing conditions for a happily married couple is merely a formality, doing the same for a divorced one is not as clear cut. To make matters worse, a beneficiary's conviction of a violent crime is most likely a deal breaker. I therefore share the view that your husband should definitely seek the assistance of an immigration attorney.

What you have to decide is whether you want to stay married to your husband, or get a divorce. There's no in-between as far as the US Government is concerned.

Thank you very much for the information. It is likely we will be living together again when we file (In which case, we will have consecutive lease agreements). My main question is: will the battery charge (misdemeanor) automatically get him deported? Will they have a seperate hearing because of the criminal charge?

[tracy1970 0]

Thank you very much for the information. It is likely we will be living together again when we file (In which case, we will have consecutive lease agreements). My main question is: will the battery charge (misdemeanor) automatically get him deported? Will they have a seperate hearing because of the criminal charge?

Just from someone who has been in an abusive relationship, please please for yours and your daughters sake THINK! , I know i dont know the details but please a man who does this will do it again, maybe not today or tomorrow but he will! he will get you to feel sorry for him and he will say he was so sorry and that he loves u so much thats why he got wound up/angry as he has never loved anyone like this........till you feel secure and take him back...please take care x

[Brother Hesekiel 2,236]

To answer your question: the battery charge will not automatically get him deported. Nope. But, again, the removal of conditions has to be done in either of two ways:

1) You are still happily married, living together as man and wife (not roommates), and share a life together, which has to be documented by submitting evidence of intermingling of finances and other living-related things.

2) You are separated or divorced, in which case he files alone, without you. In that case an interview is very likely, and when that interview happens, the battery charge may become a big issue. I don't know, you don't know, nobody knows if it will be the ultimate deal-breaker for him, but my guess it it's a strong possibility. If that happens, meaning the Removal of Conditions will be denied, he will in fact be asked to leave the country within a certain time frame.

You, as a USC, should not try to pull a stunt that involves lying, dishonesty, as it may bite you in the buttock, in a big way, and him even more so. At the position you guys are in, separated and with a battery charge, you should really try to play by the rules if you don't want to risk getting a fist from Uncle Sam right in the face, so to speak.

[historymajor 0]

Most domestic violence shelters in California, at least, will be able to provide a referral to an attorney who can talk to you about how DV affects immigration status. While they mostly deal with immigrating spouses, I'm sure that they could talk to you as well - and, if they are any good at their jobs, they will not try to convince you to take any particular course of action, simply lay out all your options. You can get a referral by calling 1-800 799-SAFE (a national hotline). Or PM me if you want specific recommendations in the San Jose area.