Adjustment of Status Interview and Arrest?

[minik 0]

I am not really sure where to post this so hopefully I will get some answers here.

Back in September I called the police on my husband (I was overwhelmed) for breaking the door. The police came and arrested him for property damage but they deemed it as "domestic violence". It is a misdemeanor crime. We had court Oct. 11th for a "pretrial diversion" in which he was given two options: plead not guilty and go to trial or plead guilty and take a 9 month anger management class and have it removed from the record. He couldn't decide which option to take at the moment so we set another pretrial diversion for November 11. Our interview is the 18th.

We have our Adjustment of Status interview in a month, and we are supposed to bring all records of arrest with us. He also has a suspended license from too many tickets in the past. I know these look bad to USCIS.

Does anyone think we should hire a lawyer for this? I want to drop the case because it was a door that he broke, not me. We need all the advice we can get right now!! All answers are appreciated. Thanks.

[love4life09 15]

I am not really sure where to post this so hopefully I will get some answers here.

Back in September I called the police on my husband (I was overwhelmed) for breaking the door. The police came and arrested him for property damage but they deemed it as "domestic violence". It is a misdemeanor crime. We had court Oct. 11th for a "pretrial diversion" in which he was given two options: plead not guilty and go to trial or plead guilty and take a 9 month anger management class and have it removed from the record. He couldn't decide which option to take at the moment so we set another pretrial diversion for November 11. Our interview is the 18th.

We have our Adjustment of Status interview in a month, and we are supposed to bring all records of arrest with us. He also has a suspended license from too many tickets in the past. I know these look bad to USCIS.

Does anyone think we should hire a lawyer for this? I want to drop the case because it was a door that he broke, not me. We need all the advice we can get right now!! All answers are appreciated. Thanks.

Do you have to bring arrest records even with no conviction yet?

[minik 0]

Good question, I am not sure!! An answer to this would be helpful!!!

[JimVaPhuong 4,863]

Immigration law doesn't require a conviction. It's sufficient if the alien admits to having committed the crime. If he signed any document admitting his guilt as a prerequisite for the pretrial diversion program then it's equivalent to having been convicted, in the eyes of USCIS. A DV crime can be a deportable offense. You might want to consult with an immigration attorney.

[stronger 43]

Honey, I'm sure you have a ton of stress on you right now. You love your husband. And adjusting to life here is not easy. Turkey is very different. It must have been a very intense fight for him to break the door. Do what you can to fix this. However, you need to seriously address this anger issue. I think you're lucky it was only the door. Anger management is not a bad idea. Trust me, I know Turks have a temper. I've seen what can happen over there. I would handle this before that door is you. I'm going to say its possible it will never happen again...but better for you both to agree to work together now.

Lots of love and hugs to you. Just take a deep breath. I do agree with Jim. A good attorney will help you make the best decision for your future.

[minik 0]

Immigration law doesn't require a conviction. It's sufficient if the alien admits to having committed the crime. If he signed any document admitting his guilt as a prerequisite for the pretrial diversion program then it's equivalent to having been convicted, in the eyes of USCIS. A DV crime can be a deportable offense. You might want to consult with an immigration attorney.

Thanks this is helpful advice I will be calling the lawyer tomorrow. He hasn't signed anything, we moved the pretrial diversion so we could make a decision as to what route to take, but we are so worried now. Do you know if they look at traffic tickets, too? He has some!

Honey, I'm sure you have a ton of stress on you right now. You love your husband. And adjusting to life here is not easy. Turkey is very different. It must have been a very intense fight for him to break the door. Do what you can to fix this. However, you need to seriously address this anger issue. I think you're lucky it was only the door. Anger management is not a bad idea. Trust me, I know Turks have a temper. I've seen what can happen over there. I would handle this before that door is you. I'm going to say its possible it will never happen again...but better for you both to agree to work together now.

Lots of love and hugs to you. Just take a deep breath. I do agree with Jim. A good attorney will help you make the best decision for your future.

Thank you for your kind words, I think you are right there is just a lot of stress going on..immigration is not an easy process especially because I am also doing my masters and student teaching, no job!

[Jojo92122 1,924]

I am not really sure where to post this so hopefully I will get some answers here.

Back in September I called the police on my husband (I was overwhelmed) for breaking the door. The police came and arrested him for property damage but they deemed it as "domestic violence". It is a misdemeanor crime. We had court Oct. 11th for a "pretrial diversion" in which he was given two options: plead not guilty and go to trial or plead guilty and take a 9 month anger management class and have it removed from the record. He couldn't decide which option to take at the moment so we set another pretrial diversion for November 11. Our interview is the 18th.

We have our Adjustment of Status interview in a month, and we are supposed to bring all records of arrest with us. He also has a suspended license from too many tickets in the past. I know these look bad to USCIS.

Does anyone think we should hire a lawyer for this? I want to drop the case because it was a door that he broke, not me. We need all the advice we can get right now!! All answers are appreciated. Thanks.

It's not up to you to drop the case. The DA can prosecute domestic violence cases without the victim's support.

Domestic violence makes an LPR deportable. The LPR does not even need to be convicted of domestic abuse to be deportable.

An immigration lawyer is definitely a good idea. Don't count on the criminal attorney knowing the immigration consequences of a domestic abuse charge on an LPR.

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http://nortontooby.com/topics/domestic_violence

Edited October 17, 2011 by Jojo92122

[JimVaPhuong 4,863]

Thanks this is helpful advice I will be calling the lawyer tomorrow. He hasn't signed anything, we moved the pretrial diversion so we could make a decision as to what route to take, but we are so worried now. Do you know if they look at traffic tickets, too? He has some!

No, most traffic tickets are infractions rather than crimes, and don't affect immigration.