Domestic Violence and Greencard

[Peter&Jaime 1]

Hi VJers,

I have always turned to this website for information and I am in need of some now concerning a problem my cousin is having with an ex boyfriend who is from another country. Her ex is in the country legally with a 10 year green card (I believe). She has a beautiful girl with the guy. Her ex assaulted her several times and in front of witnesses and is now in jail with three misdemeanors and one felony. He will soon be out. My cousin called ICE and did not inform them of the entire situation, but learned he does not have a hold. She recently found out he had a sexual assault charge in New Jersey but somehow got it removed from his record. My cousin is very afraid of this guy and while she has a restraining order against him it has not stopped him in the past. She is wondering if ICE will do anything to remove him or if they will only do something once it is time for him to renew his green card? Any advice would be helpful.

[milimelo 4,541]

Hi VJers,

I have always turned to this website for information and I am in need of some now concerning a problem my cousin is having with an ex boyfriend who is from another country. Her ex is in the country legally with a 10 year green card (I believe). She has a beautiful girl with the guy. Her ex assaulted her several times and in front of witnesses and is now in jail with three misdemeanors and one felony. He will soon be out. My cousin called ICE and did not inform them of the entire situation, but learned he does not have a hold. She recently found out he had a sexual assault charge in New Jersey but somehow got it removed from his record. My cousin is very afraid of this guy and while she has a restraining order against him it has not stopped him in the past. She is wondering if ICE will do anything to remove him or if they will only do something once it is time for him to renew his green card? Any advice would be helpful.

ICE will deport people with misdemeanors/felonies when it comes to their attention - that could be when the guy files for naturalization or files for a new green card. Did the cousin file reports after assaults? That should get ICE attention. Also, why withhold information from ICE if she wants him out of the country? She does need to have paper trail (police reports, restraining orders).

[Peter&Jaime 1]

ICE will deport people with misdemeanors/felonies when it comes to their attention - that could be when the guy files for naturalization or files for a new green card. Did the cousin file reports after assaults? That should get ICE attention. Also, why withhold information from ICE if she wants him out of the country? She does need to have paper trail (police reports, restraining orders).

She did file police reports and that is why he is in jail. She didn't tell ICE the details because I think she just didn't know it would make a difference. The case was adjudicated. Is it possible that he completes the 2 years probation and the offense gets wiped from his record that ICE will not know when he refiles?

[milimelo 4,541]

She did file police reports and that is why he is in jail. She didn't tell ICE the details because I think she just didn't know it would make a difference. The case was adjudicated. Is it possible that he completes the 2 years probation and the offense gets wiped from his record that ICE will not know when he refiles?

Not unless he lies - they have all those "have you EVER" questions for pretty much all forms - lying is a misrepresentation which will come back to haunt him (deportation). He was imprisoned, he did commit a crime so that's a YES answer to questions.

If cousin remembers whom she spoke with earlier or has a reference number, have her call ICE again and get the agent's name then do a statement/affidavit of the circumstances of the case with supporting documentation and send to ICE to that agent's attention.

She could also work with the prosecutor and judge who got the guy into jail and make sure they understand that his actions are grounds for deportation/removal and ICE should be involved once he serves the jail time.