Please help - Domestic Violence effect on GC, Deportation, Job & Citizenship

[Jh6027 2]

Please do not argue because of me.

Goundamani,

Don't worry I wasn't fighting. I was simply pointing out that people who are not lawyers probably should not be telling people seeking advice not to listen to people who are lawyers.

my thoughts to you is to separate for a period or at least have a place you can go if you need to. It can be pretty tough when you live with someone who isn't really in control of themselves at times. Just going for a walk could help but it's better to have a place to go for at least a few days if necessary. If you want to fix this problem you will probably need to rebuild the relationship from the ground up and separate spaces will help. I also advise you to realize you cannot fix this all on your own. She will have to be just as committed. If you begin to sense she is not, unfortunately it may be time to say goodbye.

Best of Luck.

[Penguin_ie 5,996]

***** Two posts removed for personal attacks. Post civilly and give the Op advice, do not bicker amongst yourselves.

Visajourney relies on its members who have direct experience with issues posted about to advice their fellow members. Many members here, by virtue of having gone through the process, know as much as many a lawyer. Do not attempt to shut down discussion by virtue of your job or the alleged job of another poster. ******

Edited January 2, 2016 by Penguin_ie

[Ban Hammer 13,474]

Do not attempt to shut down discussion by virtue of your job or the alleged job of another poster. ******

also note that doing so is a violation of the TOS

Restrict or inhibit any other user from using and enjoying the Forums.

[NikLR 13,231]

To be honest, I think both the OP and his wife are suffering from DV. If he's not allowed to slap her because she's throwing dishes at him, well she's not allowed to throw dishes at him either! The wife also needs some serious anger management counselling. Neither of them know how to communicate when angry.

OP has gotten some good advice from Damara about what to do about his legal situation. I cannot expand upon it,

[TBoneTX 45,865]

An assaultive post has been removed. There are ways of expressing opinions, and there are other ways. In addition, please read entire threads before responding to an opening post.

TBoneTX

VJ Moderation

[Darnell 8,479]

The forums are open to everyone. If you are anyone else has a differing opinion you are free to say so... Anyway, I dont know why you are taking such offense to my comments/participation. I would encourage you as a new member of VJ to read the sites TOS before posting further. (basically either contribute to the thread or stop posting).

is ok, really -

we get 3 or 4 lawyers showing up as new members here on VJ each year, and lots of different things occur to each one. Don't sweat this new fella, for the nonce...

[Goundamani 2]

Thank you for your wishes.

My court date is friday 01/08/16.

So far I have an immigration attorney and criminal defence attorney handling my case. In the best interests of my immigration status the attorney's have advised me that the best outcome is a plea for 'Disorderly Conduct'. Basically taking the case out of criminal law.

This is what they are shooting for. The next best option is a plea for simple assault 750.81(1). This takes it out of DV.

Any lawyer out their do you concur on the above options? I want the best option that does not affect my immigration and does not affect getting future employment opportunities.

[Villanelle 4,122]

Well I am not a lawyer (as pointed out above) but I am still going to respond. Hopefully you will get other responses from those you are seeking them from./

I would have to agree getting a plea for Disorderly Conduct is the best outcome. Following that- being able to switch from 750.81 (2) (which is DV) to 750.81 (1)(simple assault)also seems beneficial. I am unsure if they will do that though (switch it to a non DV). I suppose since your attnys proposed it- that it does happen.

Neither of those two should impact your immigration status.

In regards to the rest of your life:

A conviction of any kind can ruin job prospects. It depends on the job/if they do a background check etc. A conviction can impact any professional licenses you have or may obtain. Some convictions will completely exclude you from certain career options such as transportation, long-term care, education, daycare, and many government jobs.

It can impact divorce proceedings, child custody etc.. It can also cause social services to investigate if you have children.

Student loans can be impacted by criminal convictions. University admissions officers may be able to see that you have a conviction. If they have a zero tolerance rule- you wont get in.

You may also not be eligible for public housing or find difficulty renting from private landlords. Private landlords can generally deny housing if they determines that an applicant’s record makes him/her an unsuitable tenant. In most cases it is legal for a private landlord not to rent to you if the landlord decides that you wouldn’t be a good tenant because of your record.

If you have a state court conviction for simple assault or any other misdemeanor assault, and the victim is the client's spouse, live-in partner, child, then the client is forever barred by federal law from possessing a gun. Doesnt matter if its not labeled DV by the state. Its considered crime of DV federally.

---

You should discuss with your attnys about "expungement" or non disclosure after the fact. I believe you need to wait 5 yrs though for that.

You can also use this website- its a very very comprehensive look at collateral damages after convictions. Try this link for Michigan-

http://www.abacollateralconsequences.org/search/?jurisdiction=26

If it doesnt work start at the main page-

http://www.abacollateralconsequences.org/map/

You may have to click on 'start tour' first. But you start at the map, select your state and use the search boxes on the right.

[Villanelle 4,122]

Any update? Friday was suppose to be the court date... I know hes probably got a ton of stuff going on but I was hoping he would post back what happened. (I hope hes not in jail )

[flfreddy 93]

All the best. DV is a very subjective manner, a male defence could be a domestic violence while a female can make allegations and be hard to prove perjury. For OP, I would say document whatever you have about her hitting you as well, a scratch is also classified as DV, this is for your defence. Of course, learn the definition of DV and grounds for arrest for now and future wives as well. PUlling phone cord is also ground for arrest alright... know that. But I would document every scratch or punch or pull your wife or any girl give you. They are emotional and when times are bad, may pull the DV card on you... but if you had prior police reports and witnesses and affidavit, it will strengthen your case of defence.