No more justice in America

[Villanelle 4,122]

Im going to have to agree with some of what khwaidee is saying.

Your initial posts were a bit ranty and rambling so it was hard to tell what was going on and its still a bit unclear.

Apparently your wife was convicted of a misdemeanor. But they attached a DV addendum to it. That does make her eligible for deportation. HOWEVER- someone needs to report that to ICE in order for deportation proceedings to begin. Has that occurred?

Youre stating youve spoken with immigration attorneys..why? Have you received a notice for a deportation hearing? Or are you just concerned because you know you are now eligible for deportation??

ICE does not monitor every court in the country to find out which GC holder has been convicted of DV or misdemeanor charges. Someone has to notify them. It could be the victim, it could be the DA, it could be an anon report, it could be the county jail, but it has to be an outside notification because they do not monitor it themselves. (But BTW its 99% of the time never the jail and never the DA)

Its very rare for the DA to notify ICE in misdemeanor cases of DV. Perhaps in your case seeing how the DA came after her so hard, they did notify ICE- I dont know. Typically they dont.

If it did go to ICE then a hearing is going to be set. The parts I agree with khwaidee about is now youll have to present your case there and you will need a lawyer. Youre going to have to show that this was not a DV incident and this addendum should not have been added to the conviction, that that was just their opinion and it was wrong. If you can do that, they will not revoke her GC and her status will be safe.

But again are you putting the cart before the horse? Do you know for sure she was reported to ICE? because there are a large number of GC holders out there with legitimate DV convictions that have not been reported to ICE that would be subject to deportation if ICE knew about them, but since no one reported them.. no immigration court... no deportation.

[sparky952 3]

her hearing is 27 june, we were informed it would effect her status.

we contacted an atty since her ROC is coming this fall

The DA insisted on D.V. since it was in front of me and we were fighting

[khwaidee1 196]

her hearing is 27 june, we were informed it would effect her status.

we contacted an atty since her ROC is coming this fall

The DA insisted on D.V. since it was in front of me and we were fighting

Is it a USCIS NTA hearing? If so, bring an attorney and be prepared to plead your case. Have your witnesses lined up, neighbors, friends etc. Be prepared to show that your wife just overreacted due to a stressful situation and she neither threatened nor meant harm to anyone, she was expressing frustration (trying to get attention) by threatening to harm herself. If it is a USCIS NTA, these are, unfortunately, very routine and your immigration attorney should be able to prepare you both pretty easily.

Whereas the State had the burden to prove your wife's guilt, you now have the burden to establish that it was wrongly done and that's a tough burden. Bring as much evidence as you can.

You probably already know this statute but, it is critical that you are able to establish before the ALJ that your wife's acts did not fall under (a) or (b).

13700.

As used in this title:

(a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.

(b) “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.

[sparky952 3]

This took place in Ventura County Calif.

[sparky952 3]

Oh and the sentencing is 27 June

she may or may not have an immigration hold placed on her if she serves time.

[khwaidee1 196]

Oh and the sentencing is 27 June

she may or may not have an immigration hold placed on her if she serves time.

The chances of her being given any time are slim and none given the current status of the penal system in Calif. and the fact that she is a first offender for a pretty low end misdemeanor. I am assuming you have a public defender. If so, he/she should definitely ask for community service or probation given the circumstances surrounding her arrest. There is a good chance she'll just get probation. Again, I don't practice criminal law but, from what I understand an ICE hold can be requested by the arresting agency if the alien is not here legally (not your situation). I don't believe the judge or the D.A. has any interaction with ICE but maybe someone more knowledgeable can chime in. In L.A. they are no longer reporting to ICE per an internal policy (it's not their job to determine an alien's eligibility status).

[InHisTime 110]

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!!!!

So sorry about you and your wife very awful experiences. I just hope that all (USCs and immigrants) learn important lessons from this story. Let's try to be honest, compassionate, gentle and sensitive with the needs of our partners so as to avoid related circumtances. I know it's hard to be perfect, but if we can, just fight fairly and communicate our thoughts clearly in a gentle, positve, and low-tone voice. Remember that in every action there is always an opposite reaction.

OP, if you really love your wife, hope you could still work out your relationship, no matter what's the outcome of her case. America is not the only place to spend and share quality life together. True love finds ways. Always try to seek God in everything you do, so you will be guided with the holy spirit. May God bless you and your wife.

[Robinhood 13]

I am really sorry this happen to you and I feel your pain. The law says, if you commit a crime you will have to face the punishment. The fact that she picked the knife alone is big crime.

I know a guy who had a green card and could not become Citizen just because he had a domestic violation. He had to go back after 10 years.

[Jawaree 717]

Dude there's a saying in Jamaica, "Trouble nuh set like rain"

meaning you never see it set like when the rain's about to fall,

when trouble knocks on the door. Of course U had to open for the cops.

Justice is for those with lots of money , the right friends, or last

names, & this my friend is an international thing.

In some states even if U press no charges after the cops are called,

the state can press charges , sometimes that's a good thing ;in your

case its not.All relationships have a time when 2 ppl gets into it, but

one have to practice to temper the aggressiveness in voices these days

as our neighbors R brain-washed that there's a person to be locked up

when this happens & at times rightfully so, if you have nosy neighbors

you have to be carful, have those same nosey-parkers come to court on

your wife's behalf.

Yep I have heard of immigrants being found guilty in court and recommended

to be deported...I don't know the law or what to say but if its her 1st

offense, no time over 6 mths Y would she be deported...some who works in the

system is evil & hateful.

I suggest you call or write to these ppl they could recommend how to move

forward on this matter ,also get in touch with your Senator or congress-person

Personally I'd call and track down the right person to talk to...best wishes bro.

COLUMBIA HUMAN RIGHTS LAW REVIEW

435 W 116th Street, NYC NY

2128541601

[LanaMay 5]

How did they found out about the knife? If I understand correctly at the moment police came you were outside talking to your neighbor.I assume you did not leave your wife alone holding a knife trying to cut her wrists.So it must have happened some time before cops came.And then when police came knocking she probably did not open the door still holding a knife. Did she actually hurt herself?

It seems like she should have claimed temporary insanity.Who wouldn't go nuts- newly married,alone in a foreign country, husband deployed, jealousy issues.

[Protocol417 161]

I don't know how the one poster thinks that sugar coating and giving sympathy will help the OP. He's gotten one hard dose of reality dished out to him, and he needs to realize he's got an uphill battle and will need help to solve it, not a bunch of kind words.

Well, the OP has my kind words and sympathy, so there

[Jawaree 717]

Cant generalize, I do understand ppl may have different customs

but what wife don't go ballistic if a husband cheats?? the one who

is cheating too or just don't give a damn

[user19000 18]

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.

Caryh,

I assume you were talking about this site: http://immigrate2us.net/forum/forum.php

[Boiler 45,538]

Not that one, many Lawyers will give a Consultation for free.

[sparky952 3]

Caryh,

I assume you were talking about this site: http://immigrate2us....forum/forum.php

I went to that site registered and now I got a denied membership email an hour later?????