Scared... need help!

[atsleumas 3]

Hello everyone.  Long story short, when the 2 year date was up in 2012 and my husband needed to file to remove conditions, we had separated.  Needless to say we had a rough start.  Anyway, he filed the wrong form and claimed hardship and of course it was denied, as there was not hardship.  We reconciled and even had a baby together, but they didn't care when we had the interview and would not let us change the reason for removal to a joint form- he has been in removal proceedings every since and they keep moving the date - this has been since 2013!  Now, we need to refile- cannot afford an attorney and he has a hearing next month.  My question is - he was arrested back in 2014 for a domestic fight we had.  It really was a stupid thing and he is not a violent person- but here in Colorado, if there is a domestic dispute, someone is going to jail.  Will this mean he will not be approved?  Does anyone have experience with getting a criminal history before removal of conditions?  I am very scared and worried. 

[BenjaminKeating 114]

14 minutes ago, atsleumas said:

Hello everyone.  Long story short, when the 2 year date was up in 2012 and my husband needed to file to remove conditions, we had separated.  Needless to say we had a rough start.  Anyway, he filed the wrong form and claimed hardship and of course it was denied, as there was not hardship.  We reconciled and even had a baby together, but they didn't care when we had the interview and would not let us change the reason for removal to a joint form- he has been in removal proceedings every since and they keep moving the date - this has been since 2013!  Now, we need to refile- cannot afford an attorney and he has a hearing next month.  My question is - he was arrested back in 2014 for a domestic fight we had.  It really was a stupid thing and he is not a violent person- but here in Colorado, if there is a domestic dispute, someone is going to jail.  Will this mean he will not be approved?  Does anyone have experience with getting a criminal history before removal of conditions?  I am very scared and worried. 

 

That's not necessarily true about Colorado. I live in Denver and friend of mine had a crazy ex file a domestic charge on him and no one went to jail.

 

I'm sorry to say that I really don't see how you can do this without an attorney. Is it possible you could call a number of them and see if you could work out a payment plan?

 

It's also worth noting a lot of lawyers will do a free consultation which may help you. Best of luck

[atsleumas 3]

Thank you!  Yes, I think maybe there was a jerk of a cop who said that.  

Yes, I know an attorney is best.  I will do that and see if we can find one who can help us.    I just dont know how strict the judge will be or if the I-751 will be denied.  If he gets deported, my life will be crushed and that of our little boy.

[BenjaminKeating 114]

It's hard and the situation sucks but it is what it is.

 

You're only way of knowing is a consultation with an experienced attorney. Do some googling and find a good attorney and just explain your situation to them and ask if they're willing to make a payment plan if you choose their services. (When I got a bad speeding ticket in Denver, my attorney let me setup a payment plan as I'd just spent $1200 repairing my wifes car) so it just goes to show they're willing to accommodate people.

 

Which county are you in Colorado by the way? I know certain cops in different counties can be real jerks.

[Jeanne Adil 1,651]

cheaper way may be going to county clerk office and filing a form to have the incident exponged

otherwise get attorney

[mindthegap 2,590]

The more pressing issue is the denial and removal proceedings.

You could always file a new joint I-751. Once a judge has issued a final order of removal it is too late, but before that point, a new I-751 can be filed.

However, as it is now (very) late, you MUST submit a letter explaining the reason for the late filing, if it has any chance of being accepted.

 

As it is a different type of I-751 filing (being joint, and the original was a waiver) it will be adjudicated in the normal manner, on the evidence provided.

As a court date has set, it may well be expedited by USCIS.

 

 

Worth noting that although a USCIS I-751 denial cannot be appealed, a judges decision can be, so even if it does go to a judge, it isn't all over then.

 

Have a very good read of this: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

 

 

 

Given the seriousness of the situation, I would strongly recommend a lawyer, especially if it does go to court.

 

 

 

 

Edited October 26, 2017 by mindthegap

[BuiQuang 95]

dv very big deal.  can lose green card or no get citizenship.  very big deal.  u need lawyer.

[atsleumas 3]

1 hour ago, BenjaminKeating said:

It's hard and the situation sucks but it is what it is.

 

You're only way of knowing is a consultation with an experienced attorney. Do some googling and find a good attorney and just explain your situation to them and ask if they're willing to make a payment plan if you choose their services. (When I got a bad speeding ticket in Denver, my attorney let me setup a payment plan as I'd just spent $1200 repairing my wifes car) so it just goes to show they're willing to accommodate people.

 

Which county are you in Colorado by the way? I know certain cops in different counties can be real jerks.

Thank you.  City of Aurora.  I think it will be very hard to get an attorney while already in removal proceedings and just over a month to go before the hearing now. No one wants to touch our case it seems.  We even tried charity organizations- but they only want to help illegal immigrants.  

[atsleumas 3]

51 minutes ago, mindthegap said:

The more pressing issue is the denial and removal proceedings.

You could always file a new joint I-751. Once a judge has issued a final order of removal it is too late, but before that point, a new I-751 can be filed.

However, as it is now (very) late, you MUST submit a letter explaining the reason for the late filing, if it has any chance of being accepted.

 

As it is a different type of I-751 filing (being joint, and the original was a waiver) it will be adjudicated in the normal manner, on the evidence provided.

As a court date has set, it may well be expedited by USCIS.

 

 

Worth noting that although a USCIS I-751 denial cannot be appealed, a judges decision can be, so even if it does go to a judge, it isn't all over then.

 

Have a very good read of this: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

 

 

 

Given the seriousness of the situation, I would strongly recommend a lawyer, especially if it does go to court.

 

 

 

 

Thank you very much for your post.  When the "wrong" filing got denied back in 2013 - we were told by an attorney that it would be a waste of time filing a joint I-751 since it was already in the court system.  THEN when he had the hearing in March - judge said to file the new 1-751 form and then moved the hearing to next month.  As we were preparing the form, that is when the question came up about the criminal history and we just froze- like what do we do now!    Now I am just freaking out about the DV and if its "moral turpitude"  he is a great man, great father- it was a stupid fight and now it may cost us everything.   

[mindthegap 2,590]

Well ok...

 

Sounds like the judge was giving you some free advice and helping you out by telling you to file a joint I-751 now, as if there wasn't another pending I-751 at the time of the hearing the judge could have closed the case and issued a final order of removal.

 

Get it filed asap and just be honest.

List the arrest, charges, and outcome, with copies of any documents you have relating to them.  

If it turns out that the crime is an issue then you will be told, and you can deal with it at that time. 

 

Edited October 26, 2017 by mindthegap

[atsleumas 3]

1 minute ago, mindthegap said:

Well ok...

 

Sounds like the judge was giving you some free advice and helping you out by telling you to file a joint I-751 now, as if there wasn't another pending I-751 at the time of the hearing the judge could have closed the case and issued a final order of removal.

 

Get it filed asap and just be honest.

List the arrest, charges, and outcome, with copies of any documents you have relating to them.  

If it turns out that the crime is an issue then you will be told, and you can deal with it at that time. 

 

Thank you.  Do you think our filing one now even though the hearing is in December will be too  late?  Also, since it was a municipal charge- will it even show up on the criminal check?  He's since gotten a new job and passed background checks.  

[BuiQuang 95]

7 minutes ago, atsleumas said:

Thank you.  Do you think our filing one now even though the hearing is in December will be too  late?  Also, since it was a municipal charge- will it even show up on the criminal check?  He's since gotten a new job and passed background checks.  

do not matter if show up on criminal check or not.  he must disclose on immigration form.  check with lawyer.  people here do not know detail important that lawyer can see.

[N-o-l-a 7,167]

2 hours ago, atsleumas said:

 My question is - he was arrested back in 2014 for a domestic fight we had.  It really was a stupid thing and he is not a violent person- but here in Colorado, if there is a domestic dispute, someone is going to jail.  

 

1 hour ago, BenjaminKeating said:

 

That's not necessarily true about Colorado. I live in Denver and friend of mine had a crazy ex file a domestic charge on him and no one went to jail.

 

I concur about Colorado, I lived in Jefferson County and it was definitely not the case that someone went to jail unless they felt like they had proof of the domestic - bruises, witnesses, etc.

[friendlyusa 37]

16 minutes ago, atsleumas said:

Thank you.  Do you think our filing one now even though the hearing is in December will be too  late?  Also, since it was a municipal charge- will it even show up on the criminal check?  He's since gotten a new job and passed background checks.  

If you do a Google search for " can a domestic voilence be expunged or sealed in Colorado" you can see some answers,. But it's it's time to get a immigration attorney on board....

[BuiQuang 95]

1 minute ago, friendlyusa said:

If you do a Google search for " can a domestic voilence be expunged or sealed in Colorado" you can see some answers,. But it's it's time to get a immigration attorney on board....

do not matter.  expunge or seal do not matter.  must still report on immigration form.  immigration not criminal so standard is lower.  immigration can alway judge again even if seal or expunge