Charge of family assault and removal of conditions.

[aguileralupita30 7]

Good Morning,

My husband came here under the k1 Visa in 2013 and we filed for his green card on January 2014. He received his condicional green card on June 18 2014. Las year September 2015 we had an argument that led to me calling the police and they had to arrest him for family assault. They also placed a no contact order. He was arrested but on his first court date I asked them to remoce the no contact order which they did. He got out under a bond and we worked thing out. We went to court and the prosecutor did not want to dismiss the case, they offered him time served 2weeks and a fine of 150. He was only in mail for one week and they said that was fine they would just waive the other week and for him to pay the fine. Out criminal attorney did not do much to help, she wanted to send the case to trial, however the prosecutor had pictures of the bruses I had. They also had my 911 recording as well as my police report, on which on both I stated that I did not want him in Jail, he had gone thru family violence when little and this led for the argument among us two to violence as well. He was charged with family assault Class A misdemeanor in texas. We are currently together happily than ever we are expecting our second child in July and all this case just has us worried. It is time to file for removal of conditions and we are willing to tell all the truth we are not going to hold any secrets. Our question is has anyone gone thru this and have had their I751 approved? He has no criminal récord other that what happened that night. He has gol credit since he came to the US and we have filed our taxes together. Any advice would really help.

P.S. I am the US citizen and the petinioner. He is the beneficiary.

[nipa 1]

The adjudicators are human as well. They know stuff like this happens in marriages. I think you'll be fine. Submit all the recommended documents, include as much information as possible, show co-mingling of finances and then include information showing the situation and that it has been resolved. I think he'll have more problems during naturalization but not during RoC. You'll be fine and i'm happy to hear everything is well. It is never OK for anyone to get physical with their spouse.

[aguileralupita30 7]

Thanks for the comments! Any other advice or experience?

[Villanelle 4,122]

Yeah forget the answer above. Adjudicators are human? Um yeah thats true but there are very specific guidelines they must adhere by.

You posted this on several places online correct? Follow the legal advice youve been given already- See an attny. DV or Crimes of Moral Turpitudes is a complex section of immigration law. If an alien is convicted they can face deportation or ineligibility issues. The problem is there are 50 states. All with different DV laws and convictions and 1 federal law in regards to immigration.

They have to look at the specific state charge and how it relates to the Immigration policies. If 'Class A family assault' is considered a CIMT or DV then youve got problems. If its not then youre clear.

So lets say it is, you have options. You can go back to court and explain you didnt understand the immigration consequences and have it changed to something else. You can file waivers if the charge stands or cant be changed for the deportation/inadmissibility issues. Its incredibly complex though and not something you are going to be able to do by yourself.

I mean Ive seen people do it alone but they usually speak to a few attnys and then get sticker shock at the cost and prepare it themselves using the info from the attny. But honestly its not a good idea to go at it alone. You need to speak to a local immigration attny to see what that charge means to USCIS and explore options with them on how to overcome it. (If you honestly cant afford the attny then you cant. Post back in the Effects of Major Changes forum if you are going to go at it alone after the consultations and users there will most likely help you research and quote specifics of the laws for you_)

This is a huge deal. Please speak to someone. Do not just submit the forms and hope for the best. Take action now while you can.