What can we do regarding this particular case? Police beat my brother in a local Latino community.

[nikkitech 0]

Hello Guys!

I never registered here before but I was always a guest reader and thanks to this forum I went from having a green card to my citizenship process back in 2012.

Now I open this thread because my brother who came here to the United States is facing a problem now:

1: He came here 9 months ago and decided to stay, therefor his current immigration status is illegal now.

2: He decided to stay since his plan was/is to marry his US Citizen girlfriend by January 2016.

3: He never had a problem here before until yesterday:

He was at a party with his girlfriend in a Hispanic town community and got really drunk to the point of fighting with a police officer.

They arrested him and took him to the police station and ended up with a fine of 35 thousand dollar in order to be release.

Since we didn't have this amount of money we decided to find a Bail and borrow 10% of this fine in order to get him

out of the local police station before they transfer him to the county jail.

He ended up with a charge of "aggravated assault to a police officer". The officer claim that my brother punch him in his eyes and ended up with bruises

Maybe this is not relevant to the case but:

Some people that were at the incident including by parents said that more than 10 police officers were attacking my brother

who was only defending himself in his unconscious state of mind because of the alcohol.

After taking him out of the local police station I took him to our town emergency hospital where the doctor and nurse agree

that this was a police brutally case after seen the physical damages such as:

A broken tooth, bruises all around his neck, head pain since the police officer hit his head against the concrete and pepper spray inside his mouth and eyes.

After discussing with him about this incident he also remembers that the police officer continued to beat him inside the police station after being already arrested.

Meanwhile after being release from the emergency hospital, the doctor recommended us to file a complaint against this Latino police station.

We all know that Darwin (my brother) needs to find a lawyer right away but my question to you guys is:

How serious can this matter be? Will this put him in a serious immigration situation? He was planning to get marry this January to his US Citizen girlfriend.

Will this prevent him from getting a green card? Can this be considered a deportation situation?

In my opinion he is not a bad guy, he is a hard working man who just made a big mistake by fighting and refusing arrest against the police officers.

I will be waiting for your prompt response guys.

Many Thanks and happy holidays to all of you!

[aaron2020 11,651]

Go get a criminal lawyer well versed in immigration law.

This is a serious matter now that he is in the criminal system. He can be deported. His AOS can be denied since he will have to disclose his arrest. Aggravated assault of a police officer is not going to be overlooked. It will be considered in granting him a green card.

Alcohol is not a valid excuse to fight with the police. In your own words, he was drunk, fighting with the police, and resisting arrest.

Get a good attorney. He will need it. Expect this to cost $10,000 or more. He needs a private attorney. A public defender will try to get rid of the case ASAP by encouraging him to accept a deal without considering the immigration consequences.

Edited December 7, 2015 by aaron2020

[nikkitech 0]

Go get a criminal lawyer well versed in immigration law.

This is a serious matter now that he is in the criminal system. He can be deported. His AOS can be denied since he will have to disclose his arrest. Aggravated assault of a police officer is not going to be overlooked. It will be considered in granting him a green card.

Alcohol is not a valid excuse to fight with the police. In your own words, he was drunk, fighting with the police, and resisting arrest.

Get a good attorney. He will need it. Expect this to cost $10,000 or more. He needs a private attorney. A public defender will try to get rid of the case ASAP by encouraging him to accept a deal without considering the immigration consequences.

Thanks for your quick reply.

Do you have any other opinion to add to the matter? I will appreciate all the help and advice regarding this issue.

[nikkitech 0]

Do you guys think that if he accelerates his marriage to his US Citizen girlfriend, can he be protected somehow? Please guys, we need all the help and advice we can get.

Edited December 7, 2015 by nikkitech

[walran 24]

Since he is here illegally currently then marrying won't help him get legal here..

[nikkitech 0]

What do you mean? Any person who entered this country legally can file for AOS or green card if married with a US Citizen.

[aaron2020 11,651]

Do you guys think that if he accelerates his marriage to his US Citizen girlfriend, can he be protected somehow? Please guys, we need all the help and advice we can get.

No. AOS will require him to disclose his arrest and provide the relevant paperwork. No way to escape this.

Go get a really good criminal lawyer versed in immigration law.

No way to escape this and this forum is of no help since this is clearly not a DIY.

[nikkitech 0]

No. AOS will require him to disclose his arrest and provide the relevant paperwork. No way to escape this.

Go get a really good criminal lawyer versed in immigration law.

No way to escape this and this forum is of no help since this is clearly not a DIY.

Can you please tell me what is DIY? Also, I am not saying that by getting marry to his girlfriend will save him from this, for sure he needs a lawyer but I was just wondering if getting marry can help somehow?

[aaron2020 11,651]

Can you please tell me what is DIY? Also, I am not saying that by getting marry to his girlfriend will save him from this, for sure he needs a lawyer but I was just wondering if getting marry can help somehow?

DIY = Do It Yourself

No. Marrying a USC will not help.

He's here illegally, and he really f--- up his chance at a green card by assaulting officers and resisting arrest. Even if the criminal case is dismissed, it could still be a basis to deny his green card application.

[nikkitech 0]

DIY = Do It Yourself

No. Marrying a USC will not help.

He's here illegally, and he really f--- up his chance at a green card by assaulting officers and resisting arrest. Even if the criminal case is dismissed, it could still be a basis to deny his green card application.

Dear aaron2020,

Oh man, I wish this would had happen to me (I am a US Citizen) and not to him.

I know that people need to pay the consequences of their actions but he is a good guy,

he just made a big mistake in the wrong place and at the right moment.

Thank you very much for your advice, I agree with you.

My brother really f----up this time. But at least he wants to try it.

Today he went to an attorney and the attorney said that his "aggravated assault" charge is in third degree therefor is not that serious.

The attorney is charging him $3,500 to take his case, but he is not an expert in the immigration area.

We all just want to help him get out of this trouble, even his girlfriend is willing to marry him asap, but I as you mentioned, it will not be a help.

If there is anything else that you or somebody else would like to add to this matter, I will appreciate it.

Thanks!

[Transborderwife 4,666]

I would find a lawyer well versed in immigration law as it is entirely possible that he could be placed in removal proceedings

[nikkitech 0]

Thanks for your reply, if anybody would like to contribute more info and advises to this post I will be thankful!

[NigeriaorBust 4,087]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248

Assuming you are in California there is the penal code. Because the maximum sentence for your brothers act would be a year ( because it was a police officer ) , if found guilty it will have a serious negative impact on his ability to immigrate. I would go over to immigrate2us.net they deal with people that have problems and could point you to a good lawyer and might have a more positive outlook for you as more of their members are attempting to immigration with violations of US law .

[nikkitech 0]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248

Assuming you are in California there is the penal code. Because the maximum sentence for your brothers act would be a year ( because it was a police officer ) , if found guilty it will have a serious negative impact on his ability to immigrate. I would go over to immigrate2us.net they deal with people that have problems and could point you to a good lawyer and might have a more positive outlook for you as more of their members are attempting to immigration with violations of US law .

Hello there!

I forgot to mentioned that this happened here in New Jersey, maybe this will be important.

Also, I tried to go to immigrate2us.net and I registered but I can't find a way to post a threat neither reply to one. Do I have to pay or become an old member in order to post there?

Once again guys, any help or advice would definitely be appreciated.

Maybe someone had a similar situation or know a similar case can share their experiences.

Thanks!

[Shauna&Wael 211]

Let's say it really is true that he was brutally beaten by police (which I wouldn't doubt!), even if you can prove that's true, he's now under the close scrutiny of the government. This goes without saying, but I'm still gonna say it. He knew he was here illegally, and he also knew he had a pretty damn good path of getting around it. He should not have done ANYTHING to jeopardize that. He's now paying the price. I believe his chances of not getting deported are pretty slim. But who really knows until things unfold. You really need a lawyer who specializes in immigration though.