Beneficiary Arrest while in the US

[AKN2 49]

Our case is somewhat complicated and I'd appreciate any advice/input from fellow VJers.

Here's the background:

I, the beneficiary, visited the US in June 2015 on a tourist visa, met and married my USC husband. It was a hasty, impulsive move and we quickly realized we were incompatible. Things got pretty bad between us, escalated to domestic brawls where the police was called and I was arrested for domestic violence. I pled guilty, paid a fine and was released the next day. There was a restraining order which has long since expired. I was 2 months pregnant when I returned to my country a few days after this event 

The certificate of disposition says: "Sealed after Conviction, pursuant to Section 180:56 of the CPL. I'm not entirely sure what this means.

During the next couple of years, my husband and I worked on our relationship (long distance) for the sake of our daughter who became a US citizen through CRBA. Fast forward to 2017, we decided to give it one more try. My daughter and I flew to the US but I was denied entry because of obvious immigrant intent. My tourist visa was cancelled and I was advised to apply for a spouse visa. 

My cancelled tourist visa says: "22,OFR 41-122 (h)(3)." Again, not sure what this means.

That same year, my husband filed the I130 but for various reasons (he was unemployed for a while, we were having arguments, etc.) we delayed the whole thing. 

Now our relationship is pretty stable, we worked through our issues and are now a happy family, albeit a long-distance one. He visits at least twice a year, we talk and video call daily and life is great. 

We were DQ'd in October 2021 and are currently waiting for the interview at Mumbai consulate. 

At this point, we have been married for nearly 7 years, have a child together, meet regularly and are in constant touch. I am the beneficiary for his insurance policies and 401k and he files taxes as married filing separately. 

My question is - Will my arrest and conviction record lead to a denial? Also, will the denied entry be a major stumbling block? Does our case have too many red flags? 

Any answers will be appreciated.

[Rocio0010 5,599]

Have you consulted an attorney? This is not a DIY anymore...

[Crazy Cat 42,033]

The denied entry for immigrant intent will not be a problem.  The DV arrest and conviction could be more problematic.  The Consulate officer will be the sole approval authority.  

[AKN2 49]

2 hours ago, Rocio0010 said:

Have you consulted an attorney? This is not a DIY anymore...

Yes we did consider having an attorney but decided to go the DIY route. We were DQ'd without a hitch. And at this stage it's hard to see how an attorney could help us anyway. 

[AKN2 49]

2 hours ago, Crazy Cat said:

The denied entry for immigrant intent will not be a problem.  The DV arrest and conviction could be more problematic.  The Consulate officer will be the sole approval authority.  

That's exactly what we think. Is there anything we could do to convince the CO? As in, provide strong proof of bonafide relationship or something?

[Rocio0010 5,599]

37 minutes ago, AKN2 said:

And at this stage it's hard to see how an attorney could help us anyway. 

Well, the question imho should be "What can you do WITHOUT an attorney?" or "Do you know how to do it?"

[AKN2 49]

We're in line for the interview at Mumbai. The outcome of that interview could swing either way. Are you suggesting we consult an attorney to figure out our options (in case of a denial) even though we/they can do nothing at the moment? 

[Rocio0010 5,599]

1 minute ago, AKN2 said:

We're in line for the interview at Mumbai. The outcome of that interview could swing either way. Are you suggesting we consult an attorney to figure out our options (in case of a denial) even though we/they can do nothing at the moment? 

I rarely advice people to go with an attorney. I am all about DIY, but not when there have been a restraining order. I don't know how to overcome that and even if there is a waiver available. So yeah, I would definitely consult with one, prior to the interview and definitely after. I feel like you want to be prepared on what and how to answer at the interview in a case like this.

[AKN2 49]

5 minutes ago, Rocio0010 said:

I rarely advice people to go with an attorney. I am all about DIY, but not when there have been a restraining order. I don't know how to overcome that and even if there is a waiver available. So yeah, I would definitely consult with one, prior to the interview and definitely after. I feel like you want to be prepared on what and how to answer at the interview in a case like this.

When you put it like that, I have to agree with you. I'm all about DIY too but I guess it's time to consult a good attorney. Thank you for your advice.

[carmel34 3,650]

Consulting with an experienced US-based immigration attorney may be worth it in this case, to help you prepare for the interview and also to assist with an appeal if the visa is denied.  Here's some useful information to help explain how a record of domestic violence could be a problem.  Good luck with your interview!

 

https://www.nolo.com/legal-encyclopedia/will-domestic-violence-conviction-prevent-you-receiving-us-visa-green-card.html#:~:text=Domestic Violence Convictions Can Make,re "Crimes Involving Moral Turpitude"&text=Even if the judge or,that it arguably falls under.

[pushbrk 13,043]

23 minutes ago, carmel34 said:

Consulting with an experienced US-based immigration attorney may be worth it in this case, to help you prepare for the interview and also to assist with an appeal if the visa is denied.  Here's some useful information to help explain how a record of domestic violence could be a problem.  Good luck with your interview!

 

https://www.nolo.com/legal-encyclopedia/will-domestic-violence-conviction-prevent-you-receiving-us-visa-green-card.html#:~:text=Domestic Violence Convictions Can Make,re "Crimes Involving Moral Turpitude"&text=Even if the judge or,that it arguably falls under.

Water under the bridge but you needed to know whether the criminal record was going to be a problem BEFORE you filed the petition.  Obviously, it doesn't get considered until the case is at the Consulate, so getting DQ means nothing with regard to the conviction.  Just a consultation will give you peace of mind.

 

Or, a quick Google search for "does domestic violence charge disqualify a person for an immigrant visa?" might do the same.  Also search the cancellation code to know what IT means. 

[iwannaplay54 985]

17 hours ago, AKN2 said:

Our case is somewhat complicated and I'd appreciate any advice/input from fellow VJers.

Here's the background:

I, the beneficiary, visited the US in June 2015 on a tourist visa, met and married my USC husband. It was a hasty, impulsive move and we quickly realized we were incompatible. Things got pretty bad between us, escalated to domestic brawls where the police was called and I was arrested for domestic violence. I pled guilty, paid a fine and was released the next day. There was a restraining order which has long since expired. I was 2 months pregnant when I returned to my country a few days after this event 

The certificate of disposition says: "Sealed after Conviction, pursuant to Section 180:56 of the CPL. I'm not entirely sure what this means.

During the next couple of years, my husband and I worked on our relationship (long distance) for the sake of our daughter who became a US citizen through CRBA. Fast forward to 2017, we decided to give it one more try. My daughter and I flew to the US but I was denied entry because of obvious immigrant intent. My tourist visa was cancelled and I was advised to apply for a spouse visa. 

My cancelled tourist visa says: "22,OFR 41-122 (h)(3)." Again, not sure what this means.

That same year, my husband filed the I130 but for various reasons (he was unemployed for a while, we were having arguments, etc.) we delayed the whole thing. 

Now our relationship is pretty stable, we worked through our issues and are now a happy family, albeit a long-distance one. He visits at least twice a year, we talk and video call daily and life is great. 

We were DQ'd in October 2021 and are currently waiting for the interview at Mumbai consulate. 

At this point, we have been married for nearly 7 years, have a child together, meet regularly and are in constant touch. I am the beneficiary for his insurance policies and 401k and he files taxes as married filing separately. 

My question is - Will my arrest and conviction record lead to a denial? Also, will the denied entry be a major stumbling block? Does our case have too many red flags? 

Any answers will be appreciated.

https://www.law.cornell.edu/cfr/text/22/41.122
Here’s 22 CFR 41.122

 

It doesnt have (h) 3

 

It appears your visa was revoked at entry

[SalishSea 18,067]

17 hours ago, AKN2 said:

Our case is somewhat complicated and I'd appreciate any advice/input from fellow VJers.

Here's the background:

I, the beneficiary, visited the US in June 2015 on a tourist visa, met and married my USC husband. It was a hasty, impulsive move and we quickly realized we were incompatible. Things got pretty bad between us, escalated to domestic brawls where the police was called and I was arrested for domestic violence. I pled guilty, paid a fine and was released the next day. There was a restraining order which has long since expired. I was 2 months pregnant when I returned to my country a few days after this event 

The certificate of disposition says: "Sealed after Conviction, pursuant to Section 180:56 of the CPL. I'm not entirely sure what this means.

During the next couple of years, my husband and I worked on our relationship (long distance) for the sake of our daughter who became a US citizen through CRBA. Fast forward to 2017, we decided to give it one more try. My daughter and I flew to the US but I was denied entry because of obvious immigrant intent. My tourist visa was cancelled and I was advised to apply for a spouse visa. 

My cancelled tourist visa says: "22,OFR 41-122 (h)(3)." Again, not sure what this means.

That same year, my husband filed the I130 but for various reasons (he was unemployed for a while, we were having arguments, etc.) we delayed the whole thing. 

Now our relationship is pretty stable, we worked through our issues and are now a happy family, albeit a long-distance one. He visits at least twice a year, we talk and video call daily and life is great. 

We were DQ'd in October 2021 and are currently waiting for the interview at Mumbai consulate. 

At this point, we have been married for nearly 7 years, have a child together, meet regularly and are in constant touch. I am the beneficiary for his insurance policies and 401k and he files taxes as married filing separately. 

My question is - Will my arrest and conviction record lead to a denial? Also, will the denied entry be a major stumbling block? Does our case have too many red flags? 

Any answers will be appreciated.

I feel like you're minimizing the DV arrest and focusing on the bonafides. Unlike in some countries, domestic violence (and having committed a crime in the US whilst you were a guest here) is actually a big deal.  This is why you need a lawyer.  

 

IMHO,  the Department of State may take the stance "the US has enough crime/criminals already."

 

You need to fully disclose your criminal history.   You may need a waiver.  Good luck.

 

 

[African Zealot 1,455]

The key questions to evaluate are whether your domestic violence issue fell under a Crime Involving Moral Turpitude (CIMT). A CIMT makes you inadmissible however there might still be an exception that it arguably falls under. It could fall under the "petty offense" exception, if the maximum jail time you could have been sentenced to was one year or less and you were not sentenced to more than six months of imprisonment. If it qualifies for this exception, then you would still be eligible to receive the visa despite the CIMT if you have no other immigration issues.

 

Based on your write up, I am confident you are not inadmissible. We already know you were sentenced to less than six months which is good. However you (your attorney) need to do the analysis to see if the maximum jail time the you could have been sentenced to was one year or less

 

Determining if a crime is a CIMT has become a little difficult because of certain rulings. This is where an attorney with experience in both criminal and immigration law could be beneficial. Another reason an attorney becomes beneficial is sometimes consular officers like their thinking done for them and many times a consular officer could be swayed by an attorney’s well written analysis of why a crime is not a CIMT.

 

Good luck, I am confident you will obtain a favorable result and may not even need a waiver. Keep us posted 

 

PS: Since you were denied entry and your visa was revoked, don’t you have a five year bar to entry an in an expedited removal? You should have paperwork on that if that’s the case.

 

Quote

Expedited removal carries a five (5) year bar to re-entering the U.S.  This means that individuals issued orders of expedited removal cannot re-enter the U.S. for a minimum period of five (5) years from the date of expedited removal unless they apply for and are granted permission to reapply for admission to the U.S. (Form I-212).

 

Edited February 2, 2022 by African Zealot

[pushbrk 13,043]

21 minutes ago, African Zealot said:

 

 

PS: Since you were denied entry and your visa was revoked, don’t you have a five year bar to entry an in an expedited removal? You should have paperwork on that if that’s the case.

 

 

 

The original post showed the cancellation code.  Google it.