Beneficiary Arrest while in the US

[AKN2 49]

11 hours 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.

Read it. Thank you very much!

[AKN2 49]

10 hours ago, pushbrk said:

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. 

Did all of those. Thank you for the suggestions. 

[AKN2 49]

1 hour ago, African Zealot said:

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.

 

 

Thank you for your analysis. I believe this cannot be categorized as a CIMT but nevertheless needs the advice of an experienced attorney. For the denied entry, they allowed me to withdraw the application for admission without any kind of ban to future entry. I don't have any paperwork for this except the stamps on my passport.

[AKN2 49]

4 hours ago, Jorgedig said:

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.

 

 

Providing an overall picture of the case isn't the same as "minimizing." My "criminal history" has been fully disclosed when required during the spousal visa process; there is no question of hiding anything. 

[pushbrk 12,876]

13 hours ago, AKN2 said:

Thank you for your analysis. I believe this cannot be categorized as a CIMT but nevertheless needs the advice of an experienced attorney. For the denied entry, they allowed me to withdraw the application for admission without any kind of ban to future entry. I don't have any paperwork for this except the stamps on my passport.

And you wouldn't have any other paperwork.  The code says it all.  I doubt your domestic violence charge will be an issue either, but they WILL know about it, so be prepared to give a concise explanation that is 100% true.  Some States have laws that require both spouses to be arrested if they both struck each other.  Even spending a night in jail is often mandatory in these circumstances.  Your explanation should include what EACH of you did to provoke the incident.

[AKN2 49]

7 hours ago, pushbrk said:

And you wouldn't have any other paperwork.  The code says it all.  I doubt your domestic violence charge will be an issue either, but they WILL know about it, so be prepared to give a concise explanation that is 100% true.  Some States have laws that require both spouses to be arrested if they both struck each other.  Even spending a night in jail is often mandatory in these circumstances.  Your explanation should include what EACH of you did to provoke the incident.

This took place in New York. We're preparing a concise and factual explanation that will cover all aspects of the issue. Also consulting with an attorney to be on the safe side. Hopefully, the question of inadmissibility or waivers will not arise. Fingers crossed. Thank you for your input.

[AKN2 49]

Finally an update, though not a happy one. We had our interview and were put into Administrative Processing. The CO said she needed more time to review the court documents. This is quite a setback as anyone can imagine, since we could be in AP for months, even years. We already talked to a lawyer and she said we have no choice but to wait for the resolution. Any input from fellow VJers? Do we have a chance or is our case bad enough to be denied straightaway? What are our options in case of a denial? I know it's hard to guess the outcome but any answers will be appreciated. My husband is seriously considering moving us to Canada so we can be together (he has to work in US time.) 

Edited May 7, 2022 by AKN2

[Lil bear 4,189]

1 hour ago, AKN2 said:

Finally an update, though not a happy one. We had our interview and were put into Administrative Processing. The CO said she needed more time to review the court documents. This is quite a setback as anyone can imagine, since we could be in AP for months, even years. We already talked to a lawyer and she said we have no choice but to wait for the resolution. Any input from fellow VJers? Do we have a chance or is our case bad enough to be denied straightaway? What are our options in case of a denial? I know it's hard to guess the outcome but any answers will be appreciated. My husband is seriously considering moving us to Canada so we can be together (he has to work in US time.) 

😓. But considering the IO probably only looked through your case and paperwork  just before your interview, this review step is completely reasonable  Living together in a 3rd country may be your bottom line. Waiting for the decision is hard.. but until they tell you they have denied, the possibility of approval is still on the table .. appreciate your update and will wait for more as your journey continues 

Edited May 7, 2022 by Lil bear

[SalishSea 17,819]

11 hours ago, AKN2 said:

Finally an update, though not a happy one. We had our interview and were put into Administrative Processing. The CO said she needed more time to review the court documents. This is quite a setback as anyone can imagine, since we could be in AP for months, even years. We already talked to a lawyer and she said we have no choice but to wait for the resolution. Any input from fellow VJers? Do we have a chance or is our case bad enough to be denied straightaway? What are our options in case of a denial? I know it's hard to guess the outcome but any answers will be appreciated. My husband is seriously considering moving us to Canada so we can be together (he has to work in US time.) 

On what basis would you move to Canada?  Criminal background/lengthy process would likely be the same.

 

There really is no way to expedite or waive the AP process.  It takes as long as it takes.

 

Were you told you are inadmissible and need a waiver?

[Lemonslice 4,836]

12 hours ago, AKN2 said:

Finally an update, though not a happy one. We had our interview and were put into Administrative Processing. The CO said she needed more time to review the court documents. This is quite a setback as anyone can imagine, since we could be in AP for months, even years. We already talked to a lawyer and she said we have no choice but to wait for the resolution. Any input from fellow VJers? Do we have a chance or is our case bad enough to be denied straightaway? What are our options in case of a denial? I know it's hard to guess the outcome but any answers will be appreciated. My husband is seriously considering moving us to Canada so we can be together (he has to work in US time.) 

You might not be allowed to enter Canada...

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html

[AKN2 49]

18 hours ago, Lil bear said:

😓. But considering the IO probably only looked through your case and paperwork  just before your interview, this review step is completely reasonable  Living together in a 3rd country may be your bottom line. Waiting for the decision is hard.. but until they tell you they have denied, the possibility of approval is still on the table .. appreciate your update and will wait for more as your journey continues 

Thank you for your kind words. Yes, the CO's decision is hard for us to digest but makes complete sense. Hopefully they will approve the visa after they review our case thoroughly. If not, we plan to fight it out. 

[AKN2 49]

8 hours ago, Lemonslice said:

You might not be allowed to enter Canada...

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html

Right. Thank you for the link. This possibility has not escaped us...we're looking into it. 

[AKN2 49]

8 hours ago, Jorgedig said:

On what basis would you move to Canada?  Criminal background/lengthy process would likely be the same.

 

There really is no way to expedite or waive the AP process.  It takes as long as it takes.

 

Were you told you are inadmissible and need a waiver?

Appreciate your input, Jorgedig. 

1. We're looking at various options that might allow us to be together before deciding what works best for us. 

2. I know AP cannot be expedited or waived.

3. All the CO told me was that she's putting the case into AP. No mention of inadmissibility or waivers - not sure if that was just an oversight or if those things don't apply in our case. The lawyers gave us conflicting opinions.

 

[MrsRaj 1]

On 5/8/2022 at 8:04 PM, AKN2 said:

Appreciate your input, Jorgedig. 

1. We're looking at various options that might allow us to be together before deciding what works best for us. 

2. I know AP cannot be expedited or waived.

3. All the CO told me was that she's putting the case into AP. No mention of inadmissibility or waivers - not sure if that was just an oversight or if those things don't apply in our case. The lawyers gave us conflicting opinions.

 

I hope you have received some sort of update by now? Hoping whatever outcome may be, be it a positive one for you and your family. 

[AKN2 49]

On 3/29/2023 at 12:25 PM, MrsRaj said:

I hope you have received some sort of update by now? Hoping whatever outcome may be, be it a positive one for you and your family. 

Thank you very much. We haven't received any update so far, the case status is stuck at "Refused." Next month marks a year in AP, but that's par for the course, from what I've heard.