Get arrested by husband while 10 years green card is close - Please help

[Newlife2013 2]

Hi all,

I want to tell you my story to let you know that the way to get 10 years green card with somebody like me is a nightmare.

I am in June,2012 Filers. I and my husband filed jointly to remove my conditional green card on Jun 13. I got NOA1 on Jun 15. Biometrics date was July 12. I'm on the way to wait for my approval which I believed it will come very soon if...

I got arrested last Saturday for Telephone Harassment charged, under Domestic Violence. And you know who called the police? My husband did. Yes, it was him. They put me in jail for 10 hours and my cousin bailed me out later that night. I was very scared because I never went through this before. It was a nightmare that I couldn't imagine that it could happen to my life. Everything happened for a reason. However, it is a hurtful truth which I was from a victim in this marriage to become a suspect just for a heat moment.

He barely worked during over 3 years we got married. I worked 2 jobs to take care everything in our house. He always took money out of our account without telling me, or promising to pay them back which he never did. He did it so many times which I can't count. This time, he took all money out of the account while I told him million times that I need that money to pay bills that were due. He said he would pay me back on Monday and took it anyway.When I worked my grave shift, he packed his stuffs, left our house and went to his mother's apartment. When I came home, I checked the account and knew he withdrew money through ATM. I was so upset and mad, so I texted him and called him. He texted me back and we had argument. I swear to him in texts and I said I would come to his mother's to ask for money back, or HE'S DEAD IN MY HAND. Then, I kept calling him because he didn't answer the phone. I needed to know the reason why he took all money out. He called the police, reported me to threaten to kill him and kill myself. The female police came to his mother's apartment, saw the texts and phone calls list, then she said she would put me to jail for stalking or Telephone Harassment. Then, she drove to my house ( I never left my house as I said in the texts, I was sleeping), knocked on the door and arrested me when I was wearing my pijama.

My parents had to hire an attorney to fight for me ( The attorney fee is crazy). The law didn't let me contact him until the court date, however, through my family member, he said he didn't mean to put me in jail. He just wanted to warn me but the police said once he called them, he gave them the authorization to take care of the case from now. I don't know what will happen to my life because this charge is Class B and if I found guilty, it would ruin my career, my 10 years green card and my citizenship applications.

I just want to get the divorce with this heartless husband. He hurts me over and over. I forgave him so many times because I still loved him, but this time, I think I can't get over this. Everybody (my family, my friends) can't believe that he could do this to me. Even my attorney said "Woo" and said "chicken ######" (sorry but it's exact word for him) when he looked at the paper. My questions are:

1) Will USCIS find out about the arrest charge while they look at my file which is very soon now. Will the arrest make my application delay? My attorney is trying to fight "Not Guilty" in this case.

2) Should I get the divorce now or waiting until I get 10 years green card?

3) If I got approval for 10 years green card, how long should I wait until I file the divorce to not make USCIS feel doubtful about our marriage?

4) If I got charged guilty, the domestic violence charge could make me be deported out of US ( I heard that) depending on each circumstance. Should I hire immigration attorney to help me with this case too?

5) When I apply for my citizenship if I am lucky to stay here, will this conviction affect my application? How bad it is and what should I prepare for it?

Please help me. I'm in a big shock now and this is a worst New Year in my entire life .Happy New Year to all.

[together4evr 360]

Never plead guilty

Fight till the end

Do not divorce husband right now. Fight this DV charge first.

They cannot force him to come to court against you so it will hopefully be dismissed if he does not come to court against you.

If they find you guilty it is a deportable offense. So whatever you do make your lawyer fight! If your husband shows up in court against you then hopefully your lawyer can plead down to a SIMPLE violence of some sort or disorderly conduct. But do not let the domestic Battery or Violence charge happen.

The green card is the least of your worries right now. SO do not worry about that. Fight right now to get the charges dismissed or plead down to a simple charge.

I am a nurse and any conviction would hurt my license and it might be taken away.

Pray he doesnt show up for court and pray for the best

Good luck and I pray your New Year has a great outcome

And please learn that what you said was wrong. Never threaten anyone again. If you are angry go to a room and calm down and then speak to everyone with respect to show you respect yourself. Violence in words or actions never result in anything good

[VanessaTony 3,567]

1) Will USCIS find out about the arrest charge while they look at my file which is very soon now. Will the arrest make my application delay? My attorney is trying to fight "Not Guilty" in this case.

2) Should I get the divorce now or waiting until I get 10 years green card?

3) If I got approval for 10 years green card, how long should I wait until I file the divorce to not make USCIS feel doubtful about our marriage?

4) If I got charged guilty, the domestic violence charge could make me be deported out of US ( I heard that) depending on each circumstance. Should I hire immigration attorney to help me with this case too?

5) When I apply for my citizenship if I am lucky to stay here, will this conviction affect my application? How bad it is and what should I prepare for it?

1. Yes it might. Domestic violence is a deportable offense but I believe there might be a "severity" thing. I doubt that phone harassment would be bad enough to be deported over.

2. Whatever you want. Don't remain married just for immigration, that's fraud. So if you're going to divorce, do it now. You can still get your 10 years card yourself with proof of relationship.

3. See #2

4. It could. Depends on the charges. At least speak to an immigration attorney to know where you stand.

5. It might yes. Ask the immigration attorney. Also, as a chinese citizen (which I assume from your flag) you realise that china doesn't allow dual and you will be giving up your chinese citizenship if you get USC right? And if you don't hand over your chinese passport and try and fly on it to china and are caught (in china), you can be arrested for traveling on fraudulent documents and jailed (has happened).

[Cathi 5,748]

Just one question. After he withdrew money several times previous to this incident, why didn't you open another account that he couldn't access with an ATM card?

[Andy & Rena 2]

WOW...that's cold and heartless!!! I hope it all works out for you...Goodluck and God Bless!!!

Andy

[Newlife2013 2]

@togetherforever13 : Thanks for your reply. I knew I made a mistake to call and text him like that, however, my anger built up for a long period of time. I have suffered because of him and this time,I was so shock when he took all money out and it was close to New Year. I just didn't think straight at that moment. I couldn't finish my MBA degree because he let me work 2 jobs while he was unemployed. He put me and my family in debt before because of his stupid investment ( I and my family spent any pennies to help him out with his promise that he would pay us back when his investment came through), but it was a total loss. My family and I decided to forgive him and forgot about our huge amount of money (over $100,000), because we are Catholics and we wanted to give him the 2nd chance. We had to file bankruptcy 5 months ago and he still took money out, even when I said No while he was still unemployed. Maybe because what I have been through was too much with this marriage, so I couldn't control myself. I just can't believe after what I and my family did for him, he slapped a sharp knife in my heart with this action. He told my family that he won't show up at court, so hopefully my attorney can help me. I know that conviction of DV will be deportable, but I will accept it if it happens. I just feel sad for my family because my parents are in shock now. I chose a wrong man and sacrifice everything I got for a heartless husband, so I must pay a big price for it I guess.

@mimolicious: Normally, my paychecks will go directly to my 2 accounts, 1 personal account and 1 joint account. He took money out of joint account. He said he had the right because it was a joint account, and I accepted it. However, they are my working hard money and they use for bills. He did it so often, that's why this time I couldn't stand it anymore.

@Vanessa&Tony: I'm Vietnamese .Thanks for your reply. Should I hire the immigration attorney now or should I wait until this case has final decision?

[roytmini 0]

If you can ask the Bank to print out all your joint account statement, from there you have a proof what your husband did, if he withdraw all the money through ATM they can tell by the last 4 digit of the ATM card, yours is different from him. This is one of your evidence.

Good Luck.

[VanessaTony 3,567]

If you can ask the Bank to print out all your joint account statement, from there you have a proof what your husband did, if he withdraw all the money through ATM they can tell by the last 4 digit of the ATM card, yours is different from him. This is one of your evidence.

Good Luck.

evidence of what? it's a joint account so he's allowed to take money just like sshe is. It only proves he took out the money. Doesn't prove she didn't say he could. Doesn't prove she didn't use his card. It doesn't prove anything.

[Sweetcheeksss 91]

Plus it's a joint account. Legally he's allowed to withdraw whatever amount of money he wants to.

[roytmini 0]

evidence of what? it's a joint account so he's allowed to take money just like sshe is. It only proves he took out the money. Doesn't prove she didn't say he could. Doesn't prove she didn't use his card. It doesn't prove anything.

Sorry Miss Little.. i am just suggesting incase she take it to court they need evidence to prove he did actually withdraw the money.. don't be sarcasm.. "EVIDENCE OF WHAT" I understand he had all the right to withdraw because its joint account but for the benefits of the doubt the defense lawyer will present the evidence..... END of discussion!!!!!!!

[VanessaTony 3,567]

Sorry Miss Little.. i am just suggesting incase she take it to court they need evidence to prove he did actually withdraw the money.. don't be sarcasm.. "EVIDENCE OF WHAT" I understand he had all the right to withdraw because its joint account but for the benefits of the doubt the defense lawyer will present the evidence..... END of discussion!!!!!!!

I wasn't being sarcastic but you are being awfully antagonistic for no reason. The fact remains the statements aren't proof of anything except that his card was used. I know my husbands PIN. I could borrow his card to remove all the money then put his card back, or "lose" it. All the statements prove is that his card was used to withdraw money.

There also isn't a "defense" lawyer in a divorce proceedings because no-one is being sued they're just the other party. There's a petitioner and a respondent. She could take the statements to her lawyer and show him and like you said show his card was used, but without proof it was HIM who used the card there's likely there's nothing she can do, and even then, it's a joint account so he's entitled to withdraw money. Add to that, some banks have the same card number on the cards just a different name.

But you're right, doesn't hurt to mention to the lawyer that he cleared out the account.

[Love's JAA 100]

@togetherforever13 : Thanks for your reply. I knew I made a mistake to call and text him like that, however, my anger built up for a long period of time. I have suffered because of him and this time,I was so shock when he took all money out and it was close to New Year. I just didn't think straight at that moment. I couldn't finish my MBA degree because he let me work 2 jobs while he was unemployed. He put me and my family in debt before because of his stupid investment ( I and my family spent any pennies to help him out with his promise that he would pay us back when his investment came through), but it was a total loss. My family and I decided to forgive him and forgot about our huge amount of money (over $100,000), because we are Catholics and we wanted to give him the 2nd chance. We had to file bankruptcy 5 months ago and he still took money out, even when I said No while he was still unemployed. Maybe because what I have been through was too much with this marriage, so I couldn't control myself. I just can't believe after what I and my family did for him, he slapped a sharp knife in my heart with this action. He told my family that he won't show up at court, so hopefully my attorney can help me. I know that conviction of DV will be deportable, but I will accept it if it happens. I just feel sad for my family because my parents are in shock now. I chose a wrong man and sacrifice everything I got for a heartless husband, so I must pay a big price for it I guess.

@mimolicious: Normally, my paychecks will go directly to my 2 accounts, 1 personal account and 1 joint account. He took money out of joint account. He said he had the right because it was a joint account, and I accepted it. However, they are my working hard money and they use for bills. He did it so often, that's why this time I couldn't stand it anymore.

@Vanessa&Tony: I'm Vietnamese .Thanks for your reply. Should I hire the immigration attorney now or should I wait until this case has final decision?

I think you should have attorney(ies) versed in these different matters (divorce, criminal, and immigration law) so that they are considering all these issues in relation to each other. You don't want to solve one problem with an action that might be adverse to one or more of the other problems that you are facing.

[Newlife2013 2]

Hi all,

I hired the attorney and he helped me to get the case dismissed on pre-trial court because there was not enough evidence. The attorney told me that the police should call me to let me know it was illegal to call him several times, rather than taking me to jail right away. Even the judge was so surprised because of this action...I feel like a big burden on my shoulder was gone. Thanks God for all !!!!

Now, I have to hire an immigration attorney to take care with the deportation issue, because as I heard, even when the case was dropped, I was still arrested and was convicted at the first place. This arrest will be related to "moral character" when I apply for citizenship, or when I travel outside US because it was under Domestic Violence. I will ask the immigration attorney how to avoid these things, also asked him/her when is the best time for me to get the divorce with this heartless husband.

He knows that he has the upper hands now, so he said very mean things to me through the phone. However, I didn't feel hurt anymore. I just felt very pity for myself and realized that I should feel lucky to get away from him to the end.

Thanks for all your opinions and good luck to all of you.

[soundedguy 8]

Hi all,

I hired the attorney and he helped me to get the case dismissed on pre-trial court because there was not enough evidence. The attorney told me that the police should call me to let me know it was illegal to call him several times, rather than taking me to jail right away. Even the judge was so surprised because of this action...I feel like a big burden on my shoulder was gone. Thanks God for all !!!!

Now, I have to hire an immigration attorney to take care with the deportation issue, because as I heard, even when the case was dropped, I was still arrested and was convicted at the first place. This arrest will be related to "moral character" when I apply for citizenship, or when I travel outside US because it was under Domestic Violence. I will ask the immigration attorney how to avoid these things, also asked him/her when is the best time for me to get the divorce with this heartless husband.

He knows that he has the upper hands now, so he said very mean things to me through the phone. However, I didn't feel hurt anymore. I just felt very pity for myself and realized that I should feel lucky to get away from him to the end.

Thanks for all your opinions and good luck to all of you.

I'm very happy for you and the way the whole thing went. You have an arrest record for sure but it can be expunged. Did you have to take anger management class? I'm actually in the same situation as you are now and if you search for my posts, you would see. I was charged for domestic violence battery and it was dismissed by pretrial diversion. Me and wife took 2hrs anger management class and the DA dismissed the case, I didn't even make it before judge and was never charged. You will get your removal of condition approved for sure, don't worry. I received an email 2days ago about my approval and an immigration attorney will be helping me for my N400. Make sure you talk to one.

Let this incident teach you a lot of lesson and I'm sure you have learned. I'm happy for you. No need to worry anymore and make sure you consult an immigration attorney.

P.S. This don't mean no conviction for immigration, it was just an arrest and people always get arrested for the wrong reason. If no probation, deferred sentence, parole, guilty plea infront of a judge, you are good. Just consult an immigration attorney to advice you.

Edited January 4, 2013 by soundedguy

[Newlife2013 2]

I'm very happy for you and the way the whole thing went. You have an arrest record for sure but it can be expunged. Did you have to take anger management class? I'm actually in the same situation as you are now and if you search for my posts, you would see. I was charged for domestic violence battery and it was dismissed by pretrial diversion. Me and wife took 2hrs anger management class and the DA dismissed the case, I didn't even make it before judge and was never charged. You will get your removal of condition approved for sure, don't worry. I received an email 2days ago about my approval and an immigration attorney will be helping me for my N400. Make sure you talk to one.

Let this incident teach you a lot of lesson and I'm sure you have learned. I'm happy for you. No need to worry anymore and make sure you consult an immigration attorney.

P.S. This don't mean no conviction for immigration, it was just an arrest and people always get arrested for the wrong reason. If no probation, deferred sentence, parole, guilty plea infront of a judge, you are good. Just consult an immigration attorney to advice you.

I didn't take any anger management or marriage counseling. The case was just dismissed, but in front of the judge. I read your post already. I think your case was better than mine because you settled things down before going to trial. I had to go there, faced with judge, then having the court disposition (dismissal) to give to my attorney. I definitely have to assist my immigration attorney about my case. Yes, this incident taught me so much things. I knew I was stupid for 1 moment, however, I'm glad to see a true face of a person I called "husband" too.

Good luck to your N400. Please let me know if the officer asks you about the arrest when you interview for your citizenship.