HELP CAN THEY DENIED ME ENTRY ? Extension letter 24 months removal condition l-751

[Naywaves22 0]

Hi! I really hope someone can help me or have a similar situation, can give me advice because this is torture I’m very worry. So I got married in 2019, i have my 2 years green card. I’m a permanent resident.  I recently sent the l-751 remove condition and I received my 24 months extension. And my green card is expired. 
Also a year and half ago I was arrested for battery. The case was dismissed. At that time my husband and I were having a little bit of tensions. 
6 days ago I decided to take a trip for my knee surgery and to see my family in France that I didn’t see for 4 years. I’m worry that  when I will be back to USA, at the borders they are stopping me about my battery arrest and send me back to France even if I have my green card and my 24 months extensions. If they stop me at the boarder my husband and I are not talking because of our tensions but we still married. And this is a real marriage. I’m afraid. Is Anyone had a similar situation, what should I do? I was going to hire an attorney for my l-751 removal condition because of the battery. I see some forum and people said I will pass because I have my correct papers . Others site say that the battery is going to cause me big problems. So I don’t really know 
 

Thank you for your honest future answers.

[SalishSea 17,836]

1 hour ago, Naywaves22 said:

Hi! I really hope someone can help me or have a similar situation, can give me advice because this is torture I’m very worry. So I got married in 2019, i have my 2 years green card. I’m a permanent resident.  I recently sent the l-751 remove condition and I received my 24 months extension. And my green card is expired. 
Also a year and half ago I was arrested for battery. The case was dismissed. At that time my husband and I were having a little bit of tensions. 
6 days ago I decided to take a trip for my knee surgery and to see my family in France that I didn’t see for 4 years. I’m worry that  when I will be back to USA, at the borders they are stopping me about my battery arrest and send me back to France even if I have my green card and my 24 months extensions. If they stop me at the boarder my husband and I are not talking because of our tensions but we still married. And this is a real marriage. I’m afraid. Is Anyone had a similar situation, what should I do? I was going to hire an attorney for my l-751 removal condition because of the battery. I see some forum and people said I will pass because I have my correct papers . Others site say that the battery is going to cause me big problems. So I don’t really know 
 

Thank you for your honest future answers.

The battery arrest is most likely to impact you if you attempt to naturalize, as there is a 'good moral standing' component to that.  AFAIK, there is not the same for ROC, as that is more based on your marriage being bonafide.

[Naywaves22 0]

4 minutes ago, Jorgedig said:

The battery arrest is most likely to impact you if you attempt to naturalize, as there is a 'good moral standing' component to that.  AFAIK, there is not the same for ROC, as that is more based on your marriage being bonafide.

Thank you for your answer 

[Chancy 6,241]

*** Moved from AOS from K1 Visas Progress Reports to ROC General Discussion ***

 

[beloved_dingo 1,979]

You should not have any issue returning to the U.S. I believe the important point here is that you were arrested but not convicted. There are certain convictions that can cause issues for LPRs, but I think that is moot if your case was dismissed. 

 

Relevant CBP article: 

https://cbpcomplaints.cbp.gov/s/article/Article-932?language=en_US

 

If you apply for citizenship at some point, you will have to disclose this arrest regardless of the dismissal. 

 

On a separate note, if you are having severe marital problems you need to figure out whether you can work through those with your husband or if you want to divorce. You can still remove conditions, but it will affect the process depending on how things go.

Edited August 1, 2022 by beloved_dingo

[mindthegap 2,590]

Assault, battery, arson, selling crack to single mothers...you could have been arrested for murder, it would make zero difference. You have not been convicted, made an admission of the essential elements that constitute the offence, or made a plea deal. The case was dismissed. An arrest is simply legalese for a detention of a suspect or person of interest in order to make enquiries, nothing more than that.

Thankfully the concept of innocent until proven guilty by reasonable doubt still exists in law, even if it doesn't exist in society so much any more. 

 

Even if you had criminal escapades that were an immigration issue, as LPR you have certain rights under law, including the right to due process, which includes a hearing with an immigration judge, who is the only person that can terminate your LPR status. A LPR will not just be sent back on the plane they arrived on, it simply doesn't work like that, thankfully. 

 

When it comes to naturalization, you must declare it. Again, no conviction = should be no problem.

[EDIT - I sincerely hope you disclosed it when you filed your I-751 too.....]

 

 

Relax and move on with your life. 

Edited August 1, 2022 by mindthegap

[Family 3,988]

21 hours ago, Naywaves22 said:

If they stop me at the boarder my husband and I are not talking because of our tensions but we still married. And this is a real marriage

Let me assume you filed a Joint I-751…but should I also assume you are not living with your husband since you are not talking to him ? 
 

It is not unusual for CBP to ask very blunt questions, if you get pulled to secondary.

[Naywaves22 0]

2 hours ago, Family said:

Let me assume you filed a Joint I-751…but should I also assume you are not living with your husband since you are not talking to him ? 
 

It is not unusual for CBP to ask very blunt questions, if you get pulled to secondary.

Yes exactly, we are separate for now. But we still married. For the secondary question, I’m going to be honest. Can they refuse me entry because of that ?

[Naywaves22 0]

9 hours ago, mindthegap said:

Assault, battery, arson, selling crack to single mothers...you could have been arrested for murder, it would make zero difference. You have not been convicted, made an admission of the essential elements that constitute the offence, or made a plea deal. The case was dismissed. An arrest is simply legalese for a detention of a suspect or person of interest in order to make enquiries, nothing more than that.

Thankfully the concept of innocent until proven guilty by reasonable doubt still exists in law, even if it doesn't exist in society so much any more. 

 

Even if you had criminal escapades that were an immigration issue, as LPR you have certain rights under law, including the right to due process, which includes a hearing with an immigration judge, who is the only person that can terminate your LPR status. A LPR will not just be sent back on the plane they arrived on, it simply doesn't work like that, thankfully. 

 

When it comes to naturalization, you must declare it. Again, no conviction = should be no problem.

[EDIT - I sincerely hope you disclosed it when you filed your I-751 too.....]

 

 

Relax and move on with your life. 

Thank you so much for taking the time to help with your answer. I disclosed yes on my filed. As soon as I get home I’m hiring a lawyer. Thank you so much for your explanation 

[Family 3,988]

16 minutes ago, Naywaves22 said:

2 hours ago, Family said:

Let me assume you filed a Joint I-751…but should I also assume you are not living with your husband since you are not talking to him ? 
 

It is not unusual for CBP to ask very blunt questions, if you get pulled to secondary.

Yes exactly, we are separate for now. But we still married. For the secondary question, I’m going to be honest. Can they refuse me entry because of that ?

No they cannot refuse you …and they should not get into details on the state of your marriage but they often push limits. In your case most likely because they can see the arrest. 

Whatever the questions/ answers be aware that it will be logged somewhere……more importantly you will need to figure out where you stand with the marriage…salvageable or not.