Removing Conditions with Pending Domestic Violence Case

[Yard man 2016 0]

I am in desperate need for some answers. I have to file the I 751 this week. Two weeks ago, my wife and I had an argument that resulted in me getting arrested for domestic violence. We have been together the entire time that I have been in the US and we are in the process of reconciling and are receiving marriage counseling. The case is still pending. Will my petition be automatically denied with a pending case even if my wife and I file the petition jointly? How should I proceed?

[Boiler 46,163]

Time to Lawyer, they do not like DV issues.

[Yard man 2016 0]

I cannot wait until there is an order before I file. I have to file now before my green card expires

[Boiler 46,163]

What does your lawyer say?

[Yard man 2016 0]

The lawyer advised me to send in the petition, disclose the arrest but not to include any documentation since the case is still pending. USIS will request additional evidence and at that time hopefully the case will be closer to resolution. Also said be very careful about accepting a plea since even a violation of harassment could be a problem but disorderly conduct would not.

[Jawaree 718]

DV is serious in the US especially USCIS, also if your wife is not

cooperating the state can & most time will pick up the case, my

brethren always remember that a female strength most times is

in her words (not saying you're to be blamed) but physical response

is never right & the cops called out means fear on her part, have a

good lawyer. The lawyer is correct the arrest must be disclosed

Edited March 24, 2016 by Jawaree

[Faith38 37]

Yard man 2016, i think you need a good lawyer and if you went to court you will need documents from the court.