Domestic Violence before marriage

[sadjourney 0]

Hello

while on my k1 fiancé visa I was arrested and charged with domestic battery level 1. I was released 12 hours later on an OR. My first court appearance is in July.

 

My fiancé is not pressing charges but the state that I live in is.

 

I have since got married to my fiancé and I am out of status. I am curious how this might effect my adjustment of status and I’m very afraid I’ll get deported.

 

Any advice would be helpful. I am not sure if I should talk to an immigration attorney and or a family law attorney.

 

Thank you 

 

Im ashamed and sad about it , I really want to a advice 

[Boiler 45,584]

I think you have reason to be afraid, you need a Immigration Lawyer to work with your Criminal Lawyer.

[Jojo92122 1,924]

You need an attorney versed in criminal law and immigration law.  This is no longer a DIY case.  This is a huge problem for you.  

 

Be careful.  Many criminal lawyers are unaware of the immigration consequences for their clients.

 

 

[sadjourney 0]

Just now, Boiler said:

I think you have reason to be afraid, you need a Immigration Lawyer to work with your Criminal Lawyer.

Why, can you explain ? thank you 

[geowrian 22,337]

Time to lawyer up....and either get the charges dropped or lessened. You have a couple issues going on...

 

1) INA 237(a)(2)(E)(i) - A conviction for a crime of domestic violence is a deportable offense. This can occur before or after you file for AOS...filing does not protect you from this.

2) Crimes of violence are a violation of status. This is waivable via an I-601, though. It also depends on on if the possible penalty (not actual sentence or time served) of 1 year in jail or longer.

3) It likely would be viewed as a CIMT, which is an inadmissability in itself (also waivable).
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html

 

Yes..very not DIY. Get professional assistance.

[sadjourney 0]

6 minutes ago, Jojo92122 said:

You need an attorney versed in criminal law and immigration law.  This is no longer a DIY case.  This is a huge problem for you.  

 

Be careful.  Many criminal lawyers are unaware of the immigration consequences for their clients.

 

 

Thank you so much 

Edited June 28, 2018 by sadjourney

[Going through 5,671]

This is not DIY case---you need a criminal attorney and an immigration attorney----or one who is well-versed in both areas.

 

As far as your legal status goes---right now it's irrelevant as you can be deported any time (either before or after filing the AOS) for domestic violence crimes.

 

Pleading down to a lesser charge would be effective.

[Orangesapples 1,954]

How would a waiver work? Doesn't the petitioner need to show hardship without the intendung immigrant? In this case, it looks like living with him is what creates the hardship. 

[Ontarkie 14,236]

~~~~Moved to Effects of Major Family Changes, from K1 P&P - As a better suited forum.~~

~~One judgmental post removed, stick to answering the OP's questions.~~

[Coco8 1,042]

I'm confused. So you got married after it happened? Is your partner willing to AOS for you or not? If not, then you should get the issue sorted and leave. 

 

I looked up domestic battery level 1 and, I may be wrong, but it is the most serious case and it can be 20 to 40 years in jail, depending the state in which you are. [It varies a lot by state] So yes, you need a lawyer. Moreover, with the current felony charge, I don't even know if you would be able to AOS, even your partner would support you. 

 

You should go to some type of support group and therapy. I'd also go to a lawyer and think through all the options. 

 

 

 

 

Edited June 28, 2018 by Coco8

[databit 328]

This was in the news today, LPR being deported when he tried to file for naturalization with past domestic violence:

http://www.latimes.com/local/lanow/la-me-ln-lawful-resident-20180628-htmlstory.html

[David & Diana R 1,005]

2 hours ago, Coco8 said:

I'm confused. So you got married after it happened? Is your partner willing to AOS for you or not? If not, then you should get the issue sorted and leave. 

 

I looked up domestic battery level 1 and, I may be wrong, but it is the most serious case and it can be 20 to 40 years in jail, depending the state in which you are. [It varies a lot by state] So yes, you need a lawyer. Moreover, with the current felony charge, I don't even know if you would be able to AOS, even your partner would support you. 

 

You should go to some type of support group and therapy. I'd also go to a lawyer and think through all the options. 

 

 

 

 

20 to 40 years?  VAWA dictates 24-48 hours minimum if convicted...unless the cw(complaining witness) was beaten severely and bones were broken.  In that case a person could be sentenced to up to a year or rarely longer.  I am guessing we are looking at a misdemeanor here. (The cw married her after the incident)  Hire an attorney and plead out to harassment, assault III or some other low level violation.  If your spouse really doesn't want to prosecute he needs to go in and contact the prosecutor and sign a WITHDRAWAL OF PROSECUTION form.  Unfortunately, because of VAWA this doesn't necessarily end the case but it can convince the prosecutor to offer a plea deal to a lower charge. Good luck and God Bless

[Coco8 1,042]

7 minutes ago, David & Zoila said:

20 to 40 years?  VAWA dictates 24-48 hours minimum if convicted...unless the cw(complaining witness) was beaten severely and bones were broken.  In that case a person could be sentenced to up to a year or rarely longer.  I am guessing we are looking at a misdemeanor here. (The cw married her after the incident)  Hire an attorney and plead out to harassment, assault III or some other low level violation.  If your spouse really doesn't want to prosecute he needs to go in and contact the prosecutor and sign a WITHDRAWAL OF PROSECUTION form.  Unfortunately, because of VAWA this doesn't necessarily end the case but it can convince the prosecutor to offer a plea deal to a lower charge. Good luck and God Bless

 

OP said 

 

21 hours ago, sadjourney said:

charged with domestic battery level 1

 

I googled it an in Indiana it is 20 to 40 years. In other states, I couldn't find that but "level 1" is always the most serious one.

 

VAWA is a federal law.  I think that in this case what matters is the state criminal law.

[David & Diana R 1,005]

9 minutes ago, Coco8 said:

 

OP said 

 

 

I googled it an in Indiana it is 20 to 40 years. In other states, I couldn't find that but "level 1" is always the most serious one.

 

VAWA is a federal law.  I think that in this case what matters is the state criminal law.

VAWA is federal law, you are correct.  Federal law always supersedes state or local law.  The Violence Against Women Act (VAWA) is the standard by which domestic violence is handled universally around the country.  Here's the Indiana Law: Domestic battery is a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. If the defendant commits the domestic battery in the physical presence of a child under the age of 16, or if the defendant has a prior unrelated domestic battery conviction, the new conviction for domestic battery is a Class D felony, which may be punished by up to three years in prison and a $10,000 fine.   I couldn't find any levels such as level 1 of level 2 in their statutes.  I will try to follow-up tomorrow.  Gotta get back to my home now. 

[Orangesapples 1,954]

39 minutes ago, David & Zoila said:

.  Unfortunately, because of VAWA this doesn't necessarily end the case but it can convince the prosecutor to offer a plea deal to a lower charge. Good luck and God Bless

It's not unfortunate, it's very good actually, because many victims can't just let go of their abusers. People should be accountable for their crimes against others.