Types of judicial decisions from deporation proceedings

[Russ&Caro 1,549]

Hi, I'm asking for a friend here. Seriously. Okay don't believe me. 😛 Actually, I'm mostly curious but I want to be able to advise the friend by being more knowledgeable on this topic, if necessary.

 

A local woman friend of my wife, originally from Central America, married a green card holder from South asia almost 10 years ago. We've known this couple and have socialized with them for almost 5 years. They have 2 young children. One mystery for me through the years was why he has never applied for US citizenship. I know it's not for everyone so I minded my own business and never asked him. Last night on a visit we met an old female friend of theirs who was in town. There was a bit of tension on the visit which we did not become aware of til later. Finally, an argument ensued btwn husband and wife which was awkward to see, as guests. In the end, the husband accused the mutual friend of being a disruptor in their marriage. With the wife in tears, we honored her request to return to our home with the out of town visitor. She left for her home this morning but not before revealing a lot about the relationship that we had never known.

 

Turns out the husband, who I'd assumed received his green card through his work in IT, had been married to a US citizen before he met my wife's Central American friend. Before or as that marriage was ending, he was jailed for a domestic abuse incident. We didn't get the details on the incident but were told it did result in deportation proceedings. Here is where my knowledge of immigration is rather murky, as I have no direct experience with such proceedings. The story goes, he quickly joined a Christian church, converting from his previous beilefs. A pastor from the Church helped intervene, perhaps as a character witness, when he went before the judge. Instead of making a black & white, remain or deport decision, the judge ordered that he must send some sort of document or letter or application to remain a resident in the US every year. It was mentioned that this was some sort of annual renewal of his residency but that doesn't match up with anything I've learned on this website. After everything calmed down, my wife's friend called and told her that the story of a previous wife, deportation, and annual renewals was true. But she also reported that her husband would soon be done with the annual filings and be qualified to apply for US citizenship.

 

I guess my questions are: What sort of non-binary decisions do immigration judges make during deportation proceedings? Does annual filing of documents to continue residency sound like the sort of decision a judge would make? After a period of years, does the domestic abuse incident get excused when seeking citizenship?

 

As a postscript, the fight we witnessed wasn't verbally abusive in my mind and my wife hasn't reported to me that their relationship is abusive in any way.

[Boiler 46,048]

I would imagine the annual thingy is more to do with the criminal aspects, people with iffy pasts are often not able to naturalise as that inevitably brings it all back up again.

Edited January 20, 2020 by Boiler

[Liam2021 587]

I think for this situation, you should consult with a lawyer.

[Crazy Cat 42,216]

It sounds like the judge made a conditional ruling.......I have never seen an annual requirement to continue residency........I also think that the guy might never gain citizenship.

[Pinkrlion 2,724]

It sounds like he has been deported and he has yearly check-ins until it is time to leave.  I’ve read this in the newspapers.

Edited January 20, 2020 by Pinkrlion

[Villanelle 4,122]

Its called prosecutorial discretion. You can google it for more info but basically its when they decide to not pursue your case but you are required to check in with them periodically. You can get this PD while your case is pending (no final decision for removal yet) or even after a final decision for removal has been made. 

 

From what you posted it seems the husband had a GC based on his first marriage and the DV charge caused him to get put in the immigration court system for removal (DV is a removable offense) It seems ICE decided (based on his new and improved character via the church) to not pursue his removal case and have him check in yearly and the Judge OK'd that. It seems they are anticipating ICE eventually agreeing to drop the case entirely (which they can) and him being able to apply for citizenship once he passes the 5yr mark if he hasnt already. His DV incident would also need to be past the 5yr mark to not be considered for GMC requirements. 

 

 

[Russ&Caro 1,549]

Thanks everybody. I learned something.