Domestic Violence conviction and Divorce. Can I still remove my Green Card conditions for a 10 year GC?

[mindthegap 2,599]

3 minutes ago, Going through said:

Speaking as a woman, we're all a little psycho...

Yep

[mhis82 13]

Been Psycho nothing to do with Gender.....Its always the one, Either men or women. Now lets face the truth, society always hold men accountable even men dident committed the crime. If you have the money to prove your innocence you can fight it back. If you dont have money then you are out of luck.

Police, prosecutor, lawyer, everything believe that you the men who committed this crime.....This is my story, and many other i know personally...

[Going through 5,671]

10 minutes ago, mhis82 said:

Been Psycho nothing to do with Gender.....Its always the one, Either men or women. Now lets face the truth, society always hold men accountable even men dident committed the crime. If you have the money to prove your innocence you can fight it back. If you dont have money then you are out of luck.

Police, prosecutor, lawyer, everything believe that you the men who committed this crime.....This is my story, and many other i know personally...

With DV, they (police) do tend to automatically believe the woman, but not always.  Often enough, though....guess it depends on physical size difference when trying to figure out who to believe.

 

Anyhow 

 

OP, as mentioned a few times you need to contact a good immigration attorney at this point, preferably one that has experience in dealing with criminal backgrounds as well.

[Sandra G. 5,057]

 

 Any alien who at any time after admission is convicted of a crime of domestic violence may be deported (8 U.S.C. § 1227(a)(2)(E)(i)). Domestic Violence is considered as a Crime of Moral Turpitude, and under Section 237 of the INA any crime of violence could lead to deportation. In case you have to appeal the BIA decision then the  Court of Appeal will determine if your State Criminal Statute classifies your offense as “violent force", if your State statute does not classify as " violent force"  then your offense is not a crime of violence and then cannot be classified as a crime of domestic violence.  The Court of appeal to determine whether a State Court conviction is coextensive with the Federal  Statute of a “crime of domestic violence", they will examine what the State conviction necessarily involved.

 

INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

…

E) Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.- 

 

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

 

The 18 U.S. Code § 16 - defines violence as “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another”.  The removal proceeding may occur regardless of whether the conviction is a felony or misdemeanor, for example, the person can have a domestic violence case, a misdemeanor, that is not classified as “violent force"  by the State Law, then the offense is not categorically a “crime of violence”.

 

Here is a decision of the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT,  the case is very similar to your case. The person entered a plea deal for a misdemeanor as well.

 

“…Cornejo had been charged with Aggravated Assault, a “Class 6 Felony and a Domestic Violence Offense,” committed by knowingly touching his spouse “with the intent to injure, insult, or provoke” while “in violation of an order of protection. . . .” However, Petitioner entered a guilty plea to “Count 2 (Amended) Assault, a Domestic Violence Offense Class 1 misdemeanor.” 

 

“…ANALYSIS “Any alien who at any time after admission is convicted of a crime of domestic violence” may be deported. 8 U.S.C. § 1227(a)(2)(E)(i). For purposes of that ground of deportability, a “crime of domestic violence” is “any crime of violence (as defined in section 16 of title 18, United States Code) against a person” who has one or more of the enumerated domestic relationships with the perpetrator, including being the perpetrator’s spouse. Id. For a misdemeanor to qualify as a crime of violence under 18 U.S.C. § 16, the offense must have “as an element the use, attempted use, or threatened use of physical force against the person or property of another, . . . .” 18 U.S.C. § 16(a).

 

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/09/14/13-72185.pdf

 

Your faith  will depend  on where you live,  because  The United States Courts of Appeals have different understanding  about misdemeanor involving  domestic violence, for example the 2nd, Fourth, Sixth, Ninth and Tenth Circuits held that physical force means violent force   and that the person should be removed on the basis of  one  misdemeanor crime of domestic violence but other Circuits held that physical force involve application of force, however slight.  Here is one decision of the Board Of Immigration about domestic violence for you to have a better idea how each Circuit decides about deportability involving a crime of domestic .violence https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3481.pdf

 

 

 

Edited October 19, 2017 by sandranj

[Sandra G. 5,057]

19 minutes ago, sandranj said:

 

 Any alien who at any time after admission is convicted of a crime of domestic violence may be deported (8 U.S.C. § 1227(a)(2)(E)(i)). Domestic Violence is considered as a Crime of Moral Turpitude, and under Section 237 of the INA any crime of violence could lead to deportation. In case you have to appeal the BIA decision then the  Court of Appeal will determine if your State Criminal Statute classifies your offense as “violent force", if your State statute does not classify as " violent force"  then your offense is not a crime of violence and then cannot be classified as a crime of domestic violence.  The Court of appeal to determine whether a State Court conviction is coextensive with the Federal  Statute of a “crime of domestic violence", they will examine what the State conviction necessarily involved.

 

INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

…

E) Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.- 

 

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

 

The 18 U.S. Code § 16 - defines violence as “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another”.  The removal proceeding may occur regardless of whether the conviction is a felony or misdemeanor, for example, the person can have a domestic violence case, a misdemeanor, that is not classified as “violent force"  by the State Law, then the offense is not categorically a “crime of violence”.

 

Here is a decision of the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT,  the case is very similar to your case. The person entered a plea deal for a misdemeanor as well.

 

“…Cornejo had been charged with Aggravated Assault, a “Class 6 Felony and a Domestic Violence Offense,” committed by knowingly touching his spouse “with the intent to injure, insult, or provoke” while “in violation of an order of protection. . . .” However, Petitioner entered a guilty plea to “Count 2 (Amended) Assault, a Domestic Violence Offense Class 1 misdemeanor.” 

 

“…ANALYSIS “Any alien who at any time after admission is convicted of a crime of domestic violence” may be deported. 8 U.S.C. § 1227(a)(2)(E)(i). For purposes of that ground of deportability, a “crime of domestic violence” is “any crime of violence (as defined in section 16 of title 18, United States Code) against a person” who has one or more of the enumerated domestic relationships with the perpetrator, including being the perpetrator’s spouse. Id. For a misdemeanor to qualify as a crime of violence under 18 U.S.C. § 16, the offense must have “as an element the use, attempted use, or threatened use of physical force against the person or property of another, . . . .” 18 U.S.C. § 16(a).

 

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/09/14/13-72185.pdf

 

Your faith  will depend  on where you live,  because  The United States Courts of Appeals have different understanding  about misdemeanor involving  domestic violence, for example the 2nd, Fourth, Sixth, Ninth and Tenth Circuits held that physical force means violent force   and that the person should be removed on the basis of  one  misdemeanor crime of domestic violence but other Circuits held that physical force involve application of force, however slight.  Here is one decision of the Board Of Immigration about domestic violence for you to have a better idea how each Circuit decides about deportability involving a crime of domestic .violence https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3481.pdf

 

 

 

I explained above about the Courts of Appeals decisions and BIA because the USCIS probably  will not renew your GC 

[N-o-l-a 7,168]

2 hours ago, Mitzey said:

There was a violation of a restraining order, because my wife kept contacting me and we kept getting back together, but then kept filing for a restraining order when we kept breaking up.

I'm confused by the police where you live.  You know the person protected by the order can also get into trouble for contacting you, yeah?  Did you happen to bring up that you were contacting each other?  Whoever the judge is that approved that order wouldn't be kind on her behavior.

 

56 minutes ago, Going through said:

With DV, they (police) do tend to automatically believe the woman, but not always.  Often enough, though....guess it depends on physical size difference when trying to figure out who to believe.

 

I actually tried to make that physical size difference argument when I called the police on my ex.  Nope.  They did believe the next girl it happened to with him.  Oh well.

[N-o-l-a 7,168]

A correction to my earlier comment, it seems to vary state to state what language is used in the order and whether the person protected can make contact.

[mhis82 13]

49 minutes ago, sandranj said:

I explained above about the Courts of Appeals decisions and BIA because the USCIS probably  will not renew your GC 

Domestic Battery or Spousal Battery is not CIMT ( if convicted as Misdemeanor ) and it is not Domestic violence or crime of Violence, I was told my Immigration officer few years back.......What makes it CIMT is Violation of protective orders, not doing what court suggested you to do. 

Any crimes that involves child, pregnant women is CIMT. As OP mentioned His conviction is Domestic battery which is not an issue, he can renew his green card and lift up conditions aswell. ( I done it before ). 

Really the issue here is OP's violation of protective orders which is a CIMT if convicted. I dont know if OP is convicted of new offense yet or not. If OP plead not guilty to not violating the protective orders he will be fine and move on to his life.

 

[Sandra G. 5,057]

1 hour ago, mhis82 said:

Domestic Battery or Spousal Battery is not CIMT ( if convicted as Misdemeanor ) and it is not Domestic violence or crime of Violence, I was told my Immigration officer few years back.......What makes it CIMT is Violation of protective orders, not doing what court suggested you to do. 

Any crimes that involves child, pregnant women is CIMT. As OP mentioned His conviction is Domestic battery which is not an issue, he can renew his green card and lift up conditions aswell. ( I done it before ). 

Really the issue here is OP's violation of protective orders which is a CIMT if convicted. I dont know if OP is convicted of new offense yet or not. If OP plead not guilty to not violating the protective orders he will be fine and move on to his life.

 

Considering your" information"   all decisions, involving a crime of domestic violence, given by that the Courts of Appeals( circuits) are wrong, and the Law   8 U.S. Code § 1227 - Deportable alien does not exist.  Please read the 8 U.S.Code. § 1227(a)(2)(E)(i)) and check some decisions given by the Court of Appeals and you will see that what you are saying is not correct. I saw many green card holders removed from the U.S because of domestic violence (misdemeanor). All decisions given by  USCIS are discretionary, it means he can get an Immigration Officer who will not consider his plea deal a crime of domestic violence, but he can have his I-751 denied as well.

 

My information is in accordance with the Law. 

8 U.S. Code § 1227 - Deportable aliens

 

(i)Domestic violence, stalking, and child abuse

Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

 Here is the definition of  The term “crime of violence” means

(a)

an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or

(b)

any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

 

 

 

 

 

 

 

The 18 U.S. Code § 16 - defines violence as “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another”. 

 

 

[Boiler 45,935]

Lawyer time.

[Mitzey 2]

8 hours ago, mhis82 said:

Domestic Battery or Spousal Battery is not CIMT ( if convicted as Misdemeanor ) and it is not Domestic violence or crime of Violence, I was told my Immigration officer few years back.......What makes it CIMT is Violation of protective orders, not doing what court suggested you to do. 

Any crimes that involves child, pregnant women is CIMT. As OP mentioned His conviction is Domestic battery which is not an issue, he can renew his green card and lift up conditions aswell. ( I done it before ). 

Really the issue here is OP's violation of protective orders which is a CIMT if convicted. I dont know if OP is convicted of new offense yet or not. If OP plead not guilty to not violating the protective orders he will be fine and move on to his life.

 

I was convicted of that violation but the public defender made it so it was an "immigration safe plea" so pleaded no contest.

[Going through 5,671]

28 minutes ago, Mitzey said:

I was convicted of that violation but the public defender made it so it was an "immigration safe plea" so pleaded no contest.

Regardless of what the public defender told you or thought at the time, there's really no such thing as an "immigration safe plea"....

 

Pleading no contest, pleading down, charges dismissed,  etc. is still an admission of guilt in Immigration law's eyes.

USCIS takes into account the charges, and maximum potential punishment/jail time (even if you didn't receive the maximum punishment) when determining eligibility under CIMTs....not just the final disposition in a court case.

[mhis82 13]

1 hour ago, Going through said:

Regardless of what the public defender told you or thought at the time, there's really no such thing as an "immigration safe plea"....

 

Pleading no contest, pleading down, charges dismissed,  etc. is still an admission of guilt in Immigration law's eyes.

USCIS takes into account the charges, and maximum potential punishment/jail time (even if you didn't receive the maximum punishment) when determining eligibility under CIMTs....not just the final disposition in a court case.

You can still go back to court and withdraw your guilt plea or no consent plea.  And your case will be back to square 1. 

Yes you can do this, or your immigration / criminal lawyer can get your alternate bargain such as disorderly conduct . 

Again comes down to money , how much have and how much u can spend. 

Remmember next time, no matter who in the world tell you sign a plea. 

Just say “ I am not guilty” the case eventually dismissed . But you dident know that. 

If I were you contact immigration lawyer as soon as possible and go from there. 

[mhis82 13]

2 minutes ago, mhis82 said:

You can still go back to court and withdraw your guilt plea or no consent plea.  And your case will be back to square 1. 

Yes you can do this, or your immigration / criminal lawyer can get your alternate bargain such as disorderly conduct . 

Again comes down to money , how much have and how much u can spend. 

Remmember next time, no matter who in the world tell you sign a plea. 

Just say “ I am not guilty” the case eventually dismissed . But you dident know that. 

If I were you contact immigration lawyer as soon as possible and go from there. 

I was convicted of DV domestic battery . I also signed a plea, but I went back to the court withdraw my guilty plea successfully and got me disorderly contact  

costed me about 12000$ . But domestic battery is not a CIMT. 

In your case it is case of violation or protective order.

 

 

[Boiler 45,935]

2 hours ago, Going through said:

Regardless of what the public defender told you or thought at the time, there's really no such thing as an "immigration safe plea"....

 

Pleading no contest, pleading down, charges dismissed,  etc. is still an admission of guilt in Immigration law's eyes.

USCIS takes into account the charges, and maximum potential punishment/jail time (even if you didn't receive the maximum punishment) when determining eligibility under CIMTs....not just the final disposition in a court case.

Denver is a Sanctuary City and actually has one, Agricultural Trespass.

 

Anyway I have certainly seen cases reopened in such cases due to poor legal advice, a plea deal hat has nasty immigration consequences.

 

Obviously Lawter time.