Green card renewal/domestic violence charge

[Amine02 0]

Hi everyone 

I have a domestic violence charge on my record now and sooner have to renew my 2 years green card to remove the condition 

How bad does the domestic violence charge harm that knowing that me n my wife we are still together after what happened and we even have a baby now 

Please whomever had same issue or has some infos about that let me know

Thank you 

[Going through 5,671]

Domestic violence charges  are taken quite seriously.  How it will affect your ROC depends largely on the circumstances of the case.  How long ago did it happen and what was the *actual* charge and final disposition through the court?

Edited December 21, 2018 by Going through

[dandk 72]

LPR as in Lawful Permanent Resident is the legal term of green card. Technically if you were convicted any crime, you are deportable. For crime Domestic Violence, if you checked  INA: ACT 237 under section (E) 6, it's a deportable.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html#0-0-0-246

 

(E) 6/ 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.

 

Since you are living in San Diego, under California Sanctuary Bill (SB54), ICE wasn't notified at the time of your arrest or conviction.

 

 

Edited December 21, 2018 by dandk

[Amine02 0]

7 hours ago, Going through said:

Domestic violence charges  are taken quite seriously.  How it will affect your ROC depends largely on the circumstances of the case.  How long ago did it happen and what was the *actual* charge and final disposition through the court?

It happened about a year ago and the actual charge was false imprisonment misdemeanor..so they asked me to take a 52 classes program of domestic violence and i got probation for 3 years 

[Amine02 0]

7 hours ago, dandk said:

LPR as in Lawful Permanent Resident is the legal term of green card. Technically if you were convicted any crime, you are deportable. For crime Domestic Violence, if you checked  INA: ACT 237 under section (E) 6, it's a deportable.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html#0-0-0-246

 

(E) 6/ 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.

 

Since you are living in San Diego, under California Sanctuary Bill (SB54), ICE wasn't notified at the time of your arrest or conviction.

 

 

I did check tht in the website and thts why me n my wife r worried ...so we wanna see if there is anyone who had same issue . 

[Ontarkie 14,226]

~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P - The OP is preparing for ROC with DV record.~~

[Going through 5,671]

59 minutes ago, Amine02 said:

It happened about a year ago and the actual charge was false imprisonment misdemeanor..so they asked me to take a 52 classes program of domestic violence and i got probation for 3 years 

The fact that your probation period is still open is going to be an issue...it gives the IO a reason to not approve your ROC, if they wished.

Again, domestic violence charges by pending immigrants are taken seriously by USCIS---but it is good that you had the charge lessened to false imprisonment, which is not an inadmissable charge.

 

If this is your only offense EVER (ie. not just in the USA, but in any other country as well), and otherwise you have a relatively straight-forward case, then that is also a plus on your side.  

 

[Amine02 0]

10 minutes ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P - The OP is preparing for ROC with DV record.~~

U moved my post somewhere else ?

[Ontarkie 14,226]

1 minute ago, Amine02 said:

U moved my post somewhere else ?

Yes, you posted in the wrong forum. 

[Amine02 0]

2 minutes ago, Going through said:

The fact that your probation period is still open is going to be an issue...it gives the IO a reason to not approve your ROC, if they wished.

Again, domestic violence charges by pending immigrants are taken seriously by USCIS---but it is good that you had the charge lessened to false imprisonment, which is not an inadmissable charge.

 

If this is your only offense EVER (ie. not just in the USA, but in any other country as well), and otherwise you have a relatively straight-forward case, then that is also a plus on your side.  

 

I never had any issue ..this was the only one and at some point  i did not know tht keeping someone inside a room to talk to is a crime.

But thank u for ur answers 

Just now, Ontarkie said:

Yes, you posted in the wrong forum. 

Sorry i didnt know ..thank u for letting me know 

[Amine02 0]

1 minute ago, Ontarkie said:

Yes, you posted in the wrong forum. 

Do u mind giving me the link for my post in the new place pls 

[geowrian 22,337]

6 minutes ago, Amine02 said:

Do u mind giving me the link for my post in the new place pls 

You're in it right now. No change needed...it just appears in a different directory when browsing or searching.

[Going through 5,671]

15 hours ago, Amine02 said:

never had any issue ..this was the only one and at some point  i did not know tht keeping someone inside a room to talk to is a crime.

If against their will, yes it is a crime.  Luckily for you, that was all you were formally charged with---charges could have been a lot worse depending upon the circumstances (ie. battery, threatening, felony assault, etc.).

 

You disclosed the arrest on the ROC paperwork and submitted court-related documents, correct?  

Edited December 22, 2018 by Going through

[Amine02 0]

On 12/22/2018 at 3:04 AM, Going through said:

If against their will, yes it is a crime.  Luckily for you, that was all you were formally charged with---charges could have been a lot worse depending upon the circumstances (ie. battery, threatening, felony assault, etc.).

 

You disclosed the arrest on the ROC paperwork and submitted court-related documents, correct?  

Can u pls tell me wht is the roc paperwork? And if its some papers tht i need to submit to the uscis then i didnt submit my request regarding the removal of the condition yet 

[Going through 5,671]

11 hours ago, Amine02 said:

Can u pls tell me wht is the roc paperwork? And if its some papers tht i need to submit to the uscis then i didnt submit my request regarding the removal of the condition yet 

When does your 2-year green card expire?

This is a link to the paperwork you need and instructions.  Yes, you have to submit a petition to USCIS.

 

https://www.uscis.gov/i-751