conditional GC DV CASE arrest .. . questions on future

[cinti_confsd 0]

I am a CPR,

mine is bonafide marriage and we dated for a 1.5 year.

i have a conditional gc and after 6 months i got arrested for Domestic Violence.

we had been having arguments and my wife she got really angry and called cops on me and got me booted out our home.

the DV case was dismissed and i was told to take dis orderly conduct /misdemeanor charges.

i was given short probation and i completed it no problems. i never laid a hand on her and i never had any problems with the law but it happened to me.

if i am the bad guy she would have not back to me. but this being a second marriage for both of us we are not young .

i forgave her and since then we reconciled and started living together again.

following are my questions.

How hard is to for ROC.. an interview is surely to be expected??

is it a good idea to travel overseas.

will it be a problem at the port of entry will i get re entry after secondary screening ??

please advice urgent

[Jawaree 718]

The safe thing is to sort out immigration matters (get GC) before travel if

the is not an absolute emergency to....be on the safe side.

[Villanelle 4,122]

You say your DV case was "dismissed" and you took "disorderly conduct/misdemeanor" What specifically does that mean? You plead guilty to what exactly? Disorderly conduct?

In immigration the specifics matter. Any time you are convicted of (or plead guilty) to a crime there can be immigration consequences. It just depends on the "what". When you go for biometrics they will discover your past- theres no way around that. And immigration has there own way of classifying offenses.

misdemeanor means a crime that is either:

1. punishable by imprisonment for a term of one year or less, or

2. punishable by more than one year's imprisonment, but defined by the state as a misdemeanor, so long as the sentence actually imposed was one year or less.

However- even a misdemeanor under a particular state's law can be deemed an aggravated felony or other serious crime for immigration purposes. 1. crimes involving moral turpitude

2. crimes of violence, and

3. controlled substance (drug) violations.

A conviction of just one misdemeanor crime involving moral turpitude when a state statute provides for a maximum sentence of one year or less is not grounds for the DHS to initiate removal proceedings. Two crimes involving moral turpitude that did not arise from a single act/scheme of misconduct, and you will be placed into removal proceedings. This is true even if the crimes are misdemeanors. Any conviction for a crime that is determined to be a crime of violence, regardless of whether the individual state classifies the offense as a misdemeanor is, for immigration purposes, an aggravated felony. The penalty for an aggravated felony is removal from the U.S., and relief is available only in extremely limited circumstances.

Typically, disorderly conduct is not considered to be a crime involving moral turpitude nor a crime of violence. Here is pdf about what is and isnt considered. http://www.state.gov/documents/organization/86942.pdf

So if you truly plead to "disorderly conduct" and nothing more you should be fine. You do need to be honest and disclose all records if/when asked. You may get an interview for ROC, you may not. If you are looking to travel either before you apply for ROC or during- well like I said depending on your charge/conviction. If it is just 'disorderly conduct' then you shouldnt have any issues. You can expect to be taken to secondary -however that (disorderly conduct conviction) is not a reason to deny.

[cinti_confsd 0]

thank you for your replies both of you .

Damara:after my attorney consulted my immigration attorney,

i plead guilty to disorderly conduct only, for this the max punishment is 90 days .

i was given probation.i was able to complete the program quickly and my probation was removed 5-6 weeks early.

the DV case became Nolo i belive ..

god forbid there is an emergency and i have to travel before ROC, i will carry court disposition saying the same and

should i carry police report too ??

Last question , will this effect the chances my parents trying to get a visa to visit me ??

thank you

[Villanelle 4,122]

Well again, if it was "disorderly conduct" then you are fine from the' is this a deportable offense or one that would prevent me from entering the US after a visit.' as it is not on the deportable offense list.

IF you travel before or even during/after ROC I would recommend bringing the papers from the court showing the outcome/its been completed etc etc. You certainly dont have to go as far as having the police report when you travel. They are mostly interested in the outcome at border patrol so the final paperwork would be all they would be interested in. The point of bringing it is in case their computer system doesnt match it or is not updated you have your own proof of the outcome.

You will definitely go to secondary and be questioned so plan your trip accordingly. It might not be pleasant but thats the way it is when you are convicted of something. There are consequences.

CBP has complete discretion in letting you in or not. If your offense was on the list of deportable actions then you would be referred to an immigration hearing. You are not so you wont. According to the CBP if you have multiple convictions you may be denied entry. Also if the case was recent they might deny you.

https://help.cbp.gov/app/answers/detail/a_id/736/kw/felony%20convictions

Because you only have one and it was settled it is my opinion that you wont have any issues. Again you are not required to bring the court deposition with you but it is advised. The police report is not needed.

When you ROC if more details are needed you can provide the police report then as well as a statement from your spouse etc etc.

As for your parents visiting...Your parents would be getting visitor visas on their own merits. I cant see any reason why your misdemeanor conviction would impact them. Others are welcome to voice opinions or knowledge but again I dont see any reason why they couldnt come to visit a family member in the US with a misdemeanor conviction.

[Jawaree 718]

If you think there may be other issues delay the trip & what do your immigration atty tell you?

If there's an emergency god forbid you can apply for AP (advance parole)...seem you are fine

to take a trip , but know that USCIS can use reason to believe on past issues....best advise

is from an experienced atty on such matters, also Damara post is correct its just that the

atty will be privay to the factual matters with your docs

[Villanelle 4,122]

Advance Parole is not applicable here. He already has a GC and is going to be filing for ROC sometime in the future (didnt specify when)-- so no AP.

There are waivers- but its more like attempt to enter the US and be denied and then apply for it. Like I said what will happen if/ when he leaves the US and attempts to come back three things can happen 1) let him in after secondary inspection, 2) decide his offense makes him eligible for deportation/revocation of GC so refer him to immigration court, 3) deny entry and require he gets a waiver.

#2 shouldnt happen because its only one offense and not in that category. So that leaves 1 and 3. I doubt he will fall into number 3 because its only ONE disorderly conduct offense and he completed all the requirements of it. However if he gets a bad CBP officer that wants to give him a rough time they can. You rarely hear about #3 so IMO its just something to be aware of but not too concerned about.

I also do agree that if he consulted with an immigration attny about the original charge then he should re-consult with them before traveling. This forum just provides limited information and someone who has access to the specifics of the case can give better advice.

[cinti_confsd 0]

thank you all for your respnses.. i will check again with the immigration lawyer.

i checked again my court documents over the weekend.

i could not upload the image but following is what is on the letter i got from the probation dept after i was done with my probation.

Offence :disorderly conduct

Request court to discharge defendant from probation ** for completing the program **

so this is not a deportable or denied entry offence right ??

will get back to you after i consult with my attny. you guys are the only one forum that replied to my questions. thank you so much...