felony charges with greencard

[Villanelle 4,122]

Im hoping some knowledgeable people here will be able to give me some advice...

Currently I am married to a wonderful man. I am a USC. He came over on a K1, we got married, he just recently applied for his greencard and I am worried about the interview because I was previously married. My previous spouse had also applied for a greencard through marriage (through me). Im worried that this will somehow count against my current spouse. That they will view me as some sort of 'fraud', you know, marrying men to get them benefits, when its clearly not the case.

I had married my first husband when I was 18 years old in 1997. I had just graduated high school and had become pregnant. I had no knowledge of the immigration system. My husband had lived here since he was a child. I do not know what his status was before we were married, all I know is his family came here and they all got greencards but some how his paperwork got screwed up and for some reason he didnt get one as a child (?) so his priority date got pushed to the end of the line and he was going to have to wait for years for it to come up again, but since I was pregnant and we were getting married, he went back to the family lawyer and filled out some forms and bam, he had his card. I dont really remember much because it was so long ago, but I suppose I did sign some of the forms.

I do remember accompanying him to the interview along with our child and bank statements and such, but they didnt ask us any questions besides checking our ids and is this your child, oh she is cute thanks for coming in your card is in the mail have a nice day...

Fast forwarding a bit, we were married for apx 10 years. it was an abusive marriage. I struggled for a long time with my options. As other members in his family were applying for and getting natrilazation, I suggested my husband do the same but he was reluctant. Finally during the last year (before I left him) he did apply. We sent in the forms and when we went down for the interview he was 'temporarily denied' or however you call it, because his FBI background check came up with a prior arrest for attempted murder,(from when he was a juvinile) and the INS official needed to see the complete case file showing the disposition of the case.

I had no idea about this incident and my husband refused to discuss it with me. It had scared me terribly. I knew he was violent and he had threaten me many times but somehow knowing that convinced me that I had to take my child and leave. So with in a year I was gone. It didnt go well, as leaving an abuser never goes well.

I moved several states away, tried to start a new life, but he wouldnt let go. A year after I had moved he had showed up, demanded entry and at the end of the night the police were called and he was charged with stalking and two counts of rape in 2008. I currently have a restraining order against him. Our divorce, which he contested every step of the way was finalized 2 years later, and the trial is still going on (4 years now)

as of now he is fighting the charges because a felony conviction could mean they wont renew his greencard (?) He was found guilty of stalking, but has not been sentenced. The rape charges have not come to trial yet because he is appealing every bit of evidence, trying to get the case thrown out.

But my question is this. He has a 10 yr green card. It would have expired in Jan 2010. This would have been during the time he was under indictment. Would he have to have disclosed to them the fact that he was under indictment?

Should I report this to someone? If so who?

Please do not simply say 'report this to ICE'. I have a severe aniexty disorder because of this. I need clear simple 'baby step' instructions. How would you report something to ICE? is there a phone number? do you have to speak to a live person? What kind of information do they take? Does the person you report know you reported them? I do not want him to know I reported him, lest he come after me again...

[reese1 68]

I am glad that you were able to get out of that bad situation and I hope for the best for you going forward. Here is some information and a phone number you can call. Look over the website for more information. When you call them your can ask about keeping your identity private or getting you help to keep you safe if needed.

http://www.ice.gov/contact/lesc/

Local, state and federal law enforcement officers and investigators utilize the Law Enforcement Support Center (LESC), for its wide range of information services. The LESC is administered by U.S. Immigration and Customs Enforcement (ICE), the largest investigative arm of the Department of Homeland Security (DHS). ICE has made information-sharing partnership with other law enforcement entities a key strategy in the agency’s homeland security mission.

The LESC provides timely and accurate information to law enforcement officers on the immigration status and identity of individuals who have been arrested or are under investigation for criminal activity.

LESC technicians have ready access to a wide range of databases and intelligence sources. In addition, the LESC analyzes and disseminates information received from the public about suspicious or criminal activity.

The LESC, located in Williston, Vermont, operates 24 hours a day, 365 days a year. For information on how to access the Law Enforcement Support Center via NLETS, please direct inquiries to:

LESC Computer Services Division

188 Harvest Lane

Williston,Vermont 05495

(802) 872-6050 or via the NLETS Administrative Message (AM) to VTINS07S0b][/b]

[Brother Hesekiel 2,236]

Wow. Just wow!

The point when the Green Card is being renewed via I-90 is not the primary point in time to strip someone of their residency. If your husband gets convicted of a crime that warrants kicking him to the curb, then the USCIS will mail a letter of intent to him. A few weeks later he will have a date with an immigration judge who may, or may not, strip him of his residency and sign an order to removal.

I don't have a crystal ball here, but it seems to me that your husband, as you indicated, tries to delay the inevitable for as long as humanly possible. Eventually he should be convicted, and when that happens, ICE will pick him up at the big house upon release.

[khwaidee1 196]

It sounds like you might be in Calif. If so, if he is convicted and incarcerated the CDCR will notify ICE and it will then be up the Attorney General's office to initiate Removal Proceedings. If he has the money to hire a lawyer that can drag on as well, if not, it moves pretty quickly. He will remain incarcerated until he is deported.

[Kathryn41 3,205]

Just to reassure you about your first question - no, the circumstances of your first marriage will not count against your second husband adjusting status. He arrived on a K-1 so they have already reviewed the circumstances of his entry and determined you have a legitimate relationship. The AOS will confirm the legitimacy of your relationship - and a prior 10 year marriage in 1997 to another non-citizen does not sound like anyone would consider it a fraudulent relationship.

I'm so sorry you are having such a rough time with your ex, but I did want to reassure you that it should have no immigration impact on your current husband. Good luck to the two of you - and for getting your ex out of your life, and hopefully, out of the country.