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Daveadams903

Simple assault and removing conditions i751

By Daveadams903 in Removing Conditions on Residency General Discussion

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Daveadams903 Explorer

Daveadams903   19

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So here I am again. Ugh; Let the stress begin. I was charged with simple assault ( I was not arrested) I have court hearing in June 15th for this issue; I have to file i-751 on May 24th; Me and my husband got into a fight cops were called and we were both charged with simple assault; We were not arrested.I'm pretty sure my charges are going to get dropped.  What are the chances of this affecting my i751?. Please advise. Thank you again. 

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Dave1111 Apprentice

Dave1111   12

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On 5/20/2017 at 0:51 PM, Daveadams903 said:

So here I am again. Ugh; Let the stress begin. I was charged with simple assault ( I was not arrested) I have court hearing in June 15th for this issue; I have to file i-751 on May 24th; Me and my husband got into a fight cops were called and we were both charged with simple assault; We were not arrested.I'm pretty sure my charges are going to get dropped.  What are the chances of this affecting my i751?. Please advise. Thank you again. 

you have to notify us is about the court case , they wouldn't adjudicate ur application till your court case is over.try to make sure the case is dropped , if not ,try not to make the word DOMESTIC appear in any of your charging document. Simple assault wouldn't bar you from renewing  ur GC

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Daveadams903 Explorer

Daveadams903   19

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Well it's not it simple assault it's actually just harassment and it's a summary charge. My 90 days window opens on may 24th should I file I-751 after my court hearing? And if I file after my court date and charges are dropped should I let them know about this issue? 

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Transborderwife Veteran

Transborderwife   4,666

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5 hours ago, Dave1111 said:

you have to notify us is about the court case , they wouldn't adjudicate ur application till your court case is over.try to make sure the case is dropped , if not ,try not to make the word DOMESTIC appear in any of your charging document. Simple assault wouldn't bar you from renewing  ur GC

Even with domestic, if charges are dropped it should not be an issue

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Transborderwife Veteran

Transborderwife   4,666

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34 minutes ago, Daveadams903 said:

Well it's not it simple assault it's actually just harassment and it's a summary charge. My 90 days window opens on may 24th should I file I-751 after my court hearing? And if I file after my court date and charges are dropped should I let them know about this issue? 

Yes you still need to declare it

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mindthegap Experienced

mindthegap   2,590

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3 hours ago, Daveadams903 said:

Well it's not it simple assault it's actually just harassment and it's a summary charge. My 90 days window opens on may 24th should I file I-751 after my court hearing? And if I file after my court date and charges are dropped should I let them know about this issue? 

 

Misdemeanor, not a felony, not a CIMT, summary charge and with a low max sentence.

You should be fine.

 

Given the date is so close to the window, yeah I would wait until you have the outcome, then have the rest of the form ready to send, and you can put something like [Yes- no arrests, 1 summary charge class for 3 misdemeanor, harassment - XXX sentence/case dismissed on June 15th at XXX] and include a copy of proof of the outcome 

It isn't a deportable or excludable offence, so I wouldn't worry about it too much, but make sure you declare it. You will have to declare it later on your citizenship application too.

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Dave1111 Apprentice

Dave1111   12

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10 hours ago, Transborderwife said:

Even with domestic, if charges are dropped it should not be an issue

We saying the same thing ,lol ,it's never going to be  an issue if it was dropped,I was just trying to say the op should never be convicted of anything domestic 

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Dave1111 Apprentice

Dave1111   12

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Filed: Lift. Cond. (pnd) Timeline
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10 hours ago, Daveadams903 said:

Well it's not it simple assault it's actually just harassment and it's a summary charge. My 90 days window opens on may 24th should I file I-751 after my court hearing? And if I file after my court date and charges are dropped should I let them know about this issue? 

Harrasment Conviction  or not isn't going to stop from getting your GC , u can wait till it's dropped between ur 90 days window , if it insnt dropped by then ,file and notify them , put it in writing that the case is still pending . Pls don't rush to take any plea deal , if u know u can fight it ,pls fight the case.Stay blessed 

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Transborderwife Veteran

Transborderwife   4,666

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57 minutes ago, Dave1111 said:

We saying the same thing ,lol ,it's never going to be  an issue if it was dropped,I was just trying to say the op should never be convicted of anything domestic 

Agreed I was just elaborating 

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