No more justice in America

[sparky952 3]

Hello all, this is not a question but a story.... First I will say I love my wife. It has not been a happy joyous endeavor I left for deployment 3 weeks after our marriage a scant 10 days after her arrival in the USA. Things did not go well while I was deployed. I returned to a hurt and jealous women, understandably so considering she discovered I was unfaithful a couple of years before. We soldiered on And I promised that I will not and have not done since that time. I takes months to overcome such things and compounded by months of having it on your mind and the other person far away made it even more difficult. We are active in the church she joined while I was away and have been doing counseling. However one night the we fought, fought worse than we ever have. I still cannot believe what happen that night my lovely wife was so angry and hurt, she grab a knife and threatened to hurt herself. I was shocked.... the cops were called and that when the real trouble started. You see we learned the ugly truth on immigration.... It no longer matters. My wife grabbed a knife there for she is a criminal and will be deported. Did not matter that her audio taped statement tells a simple story of being distraught. The Cops report ( absolutely not in evidence on the tape) states she pushed, kick and repeatedly tried to stab me ( which I too deny happened). they even reported she demonstrated using THIER flashlight, which they weren't carrying at the time and clearly was on tape her asking to demonstrate and they "that won't be necessary". Further more the HUGE knife( picture only) presented as evidence ( documented as being taken for evidence) is currently in my Kitchen and the real knife the took is ??????? None of this matters for she had knife so guilty!!!!! So now we sit waiting for them to take her away her life ruined, my life destroyed. We fought the DA every step of the way, the DA made it perfectly clear Immigrates that commit ANY crime should be deported, The DA even made comments about immigration and after all was done told me " Your wife wasn't trying to hurt you maybe that will help immigration.." Unfortunately The rules state any crime involving your spouse ( I was in the house there for I am a victim???) is deportable. Also You do not have spousal rights anymore they have been revoked.by congress...

I know this sounds ridiculous but That is the exact words from her lawyer and Immigration atty...ridiculous!, as well as my family and our church, never have we seen such lack of passion or justice. ( my mother in law finished law school and worked at a law firm and is stunned) We are learning more and more about Extra FED aide to counties that punish and deport Immigrates, most of you will think this is unbelievable, most will never have a problem. I Urge everyone to believe that America is no longer About freedom, Immigrants be warned if the cops are ever involved in your life, bad things are to come for justice does not apply to you and you are not wanted here!!!!

[KayDeeCee 4,893]

~ Moved from ROC to Effects of Major Family Changes ~

[THEMSRILEY 4]

SO SORRY THIS HAPPEN TO YOU.

[andy ngeci 18]

sorry :-(

[Chez&Rick 11]

oh, am sorry.

who called the cops, if you don't mind?

[mosstoss 7]

This doesn't make sense. Was she actually convicted of a crime? Did she plead guilty? Was there a trial? Did she pull the knife on you, or on the cops? If she pulled it on you, you'd have to file charges against her before she even is convicted of any crime.

If she was just arrested, that won't qualify for deportation.

[NikLR 13,227]

When did you AOS?

[sparky952 3]

she was convicted, she had to go to trial if that what u call it. AS I said before the cop made a FALSE statement, wrong evidence etc. I was present she pulled the knife on herself, she held the knife to her own wrist. The DA insisted she be prosecuted for deadly weapon charge with a domestic violence condition, both offenses are deportable. We were also told and confirmed by lawyers that there is a FEDERAL policy to prosecute immigrants different and more harshly. The give additional grants to justice departments for deporting immigrants, so I HOPE everyone can understand that AMERICAN JUSTICE is now solely based on MONEY!!! I urge every immigrant and every sponsor to get this message out. I have served my country for 24 years and never have I seen such travesty.

footnote: still trying to get info but was told the assistant DA assigned her case trying to get promoted and the office is trying to increase the criminal immigration numbers ( MORE MONEY)

[Caryh 5,206]

Conviction on a domestic charge can get an immigrant deported. Its the law, and a good one for the most part.

You give nothing in the way of details on her immigration status at the time, the charges and obvious conviction, or what you did to fight those charges. All I see is complaints about the police report and evidence and how you're upset your wife may now be deported. Actually you haven't even given the grounds she's being deported under.

She arrived in June, 2011, did she ever adjust status?

What was she convicted of?

Who called the police?

Did you have physical injuries or scratches?

Did you hire a good lawyer to fight the charges?

Has she been called into an immigration hearing?

Grabbing a knife and threatening physical harm is a serious crime. Removing criminals from our country protects not just you, but other citizens. I can see the point of view of the prosecutor given the little information you've given about how the police reported the incident. I can understand you love your wife, if you felt the police report was incorrect, you needed to fight this as strongly as you could before she got convicted. Now that she is convicted, which I'm assuming since you say you're awaiting her removal, you need to appeal the conviction as vigorously as you can. This isn't about people's freedom, you're not free to bring dangerous individuals into the country just because you love them, this is about the law and how no one is above it. Had such a conviction existed on her record before she got the K-1, she never would have been allowed to enter in the first place. So if you want to keep her here, you need to act to prove the conviction was wrong and get it removed from her record. If she's already been given the deportation order, then you're probably too late.

[sparky952 3]

she was convicted on displaying a deadly weapon

I was forced to testify, which I testified about how she wasn't trying to hurt me and has never been a violent person in the 9 years I have known her

the mismatch of reports came out during trial( I was not allowed in court room )

the instructions were placed that DID NOT MATTER about the false report!!!! SHE touched a knife GUILTY!!!!

neighbor called

we talked to immigration atty and the news was not good.

we trying to find but here the lawyers wanted 25K for her defense UP front and now double that for Immigration and I have been out of work for 9 months and face homelessness.

she has a conditional green card

this is her first time ever being involved with police of any kind ( she is over 40 )

I'm complaining cause we did everything we knew to do, and are now being told Immigrate crime is DIFFERENT!

[Caryh 5,206]

she was convicted on displaying a deadly weapon

I was forced to testify, which I testified about how she wasn't trying to hurt me and has never been a violent person in the 9 years I have known her

the mismatch of reports came out during trial( I was not allowed in court room )

the instructions were placed that DID NOT MATTER about the false report!!!! SHE touched a knife GUILTY!!!!

neighbor called

we talked to immigration atty and the news was not good.

we trying to find but here the lawyers wanted 25K for her defense UP front and now double that for Immigration and I have been out of work for 9 months and face homelessness.

she has a conditional green card

this is her first time ever being involved with police of any kind ( she is over 40 )

I'm complaining cause we did everything we knew to do, and are now being told Immigrate crime is DIFFERENT!

If you're destitute, which it sounds like you are, you probably had only an appointed lawyer. Which is about as much good as having nothing. I would start attempting to search out immigrant or social groups that may help to provide a good legal lawyer to appeal the conviction, and an immigration attorney to stop deportation until the appeals can be heard. The real time to fight it was when she was originally in court though. Brandishing a weapon is a serious charge. I suppose you understand that now.

I know there's another immigration forum that deals predominantly in legal issues with immigration. It even has many lawyers on it that will offer up advice. Sorry but I don't know the url, but you should be able to find it in Major Family Changes area.

Also what state do you live in? That might allow people to help point you in a direction you may find help.

[Boiler 45,519]

Did she have a Lawyer?

[del-2-5-2014 1,339]

This doesn't make sense. Was she actually convicted of a crime? Did she plead guilty? Was there a trial? Did she pull the knife on you, or on the cops? If she pulled it on you, you'd have to file charges against her before she even is convicted of any crime.

If she was just arrested, that won't qualify for deportation.

Absolutely not true. It's state versus the knife puller with the person pulled on as a mere witness.

OP, without even referring to this case, justice is not dead in America, it's just that it got expensive and it's reserved for the well heeled. Mostly.

[Caryh 5,206]

Absolutely not true. It's state versus the knife puller with the person pulled on as a mere witness.

OP, without even referring to this case, justice is not dead in America, it's just that it got expensive and it's reserved for the well heeled. Mostly.

unfortunately, that is very often too true about justice today.

Also many communities have policies where someone is always arrested if there is domestic violence, and the state will bring the charges regardless of if there is a willing witness.

[bewildering 9]

You need an immigration lawyer, not this forum. We are all amateurs.

I am afraid that domestic violence is a serious crime, the relevant section of the law is pasted below. Spousal testimonial rules do not apply in situations of domestic violence. As soon as she touched that knife she came under the "attempted use, or threatened use of physical force".

237 Domestic Violence

Section 237(a) of Act

Section 237(a)(2)(E)(i) provides that any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabitating with or has cohabitated with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who protected from that individual’s acts under the domestic or family laws of the United States or any State, Indian tribal government, or unit of local government. In order for a crime to be considered a crime of domestic violence, the crime must first be classified as a crime of violence. 18 USC 16 defines a crime of violence as: 1) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or 2) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. This ground of deportability only applies to convictions occurring after September 30, 2996. IIRAIRA 350(b).