Criminal Law I-130 only approved,misdemeanor and immigration court

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Agnes1

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Hello everybody!
Hope somebody can help me.Im married US Citizen for 2 years, we are together 6, we have 4 kids he is in US Army.Couple of days ago we argu and my husband locked me outside house and after my knock and bit the door he called police.So I was one day in jail, got misdemeanor no charge, probation on 12 months.But now I have to go to immigration court because Im not US citizen and have only I-130 approved plus my charge after this accident.Im really affraid what can happen.Can I get deportation or should ask for voluntary departure?I cant afford attorney.Please give me some advices what I should do or what I can expect.I dont want lose my husband and kids.I cant find sponsor who right now can sign affidavid of support probable whoul be easier, I can only fight with I-130.Please help
 
You probably won't lose your children. But, you could be deported. Most likely, you'll be given a stern lecture and instructed to behave yourself.

Contact your native country's embassy or nearest consulate. They can advise you.

You should also speak with the JAG unit on post. They can give you limited legal advice.

You'll retain your dependent's military ID card as long as you remain married. If you're deported, you can request to take your kids with you. That won't happen that soon.

You should also ask the military for domestic abuse counseling. That will help fix things.


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Thank You so much for advice. What more my husband will go to Afganistan from March next year, so I have really big problem.I think about voluntary departure of course realize can get 10 year bar but can try get green card from my country because I-130 or waiver.Is this good idea?
 
Agnes1 said:
Thank You so much for advice. What more my husband will go to Afganistan from March next year, so I have really big problem.I think about voluntary departure of course realize can get 10 year bar but can try get green card from my country because I-130 or waiver.Is this good idea?
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I can't figure out for the life of me why anyone would leave their homeland to come to the USA.

My wife is retiring this year after a 25 year teaching career.

I retired after 30 years in the army, myself.

We're thinking about emigrating to Belize, Malaysia, Indonesia, Australia, New Zealand, or Cost Rica. Otherwise, we are investigating a move to Guam, American Samoa, or Puerto Rico.

If you want to stay in the USA, JAG can help you. Your kids are US citizens and military dependent's. With the looming deployment of your spouse, you can get an exemption to stay through his deployment, if not longer.

There is no need, right now, to voluntarily depart. You have to stay for your kids. What are their ages?

Talk to JAG and then a divorce lawyer. File for divorce before he does. He's been committing adultery, hasn't he? That's why you argued.
File for divorce ASAP, if you want to stay in the US!!!!



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Yes Of course I understund.I started argue about some detail and pour on my husband my drink.This made him made he grab me and took outside the house.I coldnt calm down so he called police. I really dont know that I can call this committing adultery because nothing happen to him only I stay in jail one day but he stay with kids at home.He didnt realize consequences.We have good marriage but this happened.I would like fight about stay here but I have only I-130 approved and cant send rest of my paper because dont have a join sponsor.My husband dont make enough many right now sign without. My kids are 5,4,3 years and 14 months:).What more he was earlier 5 years in Marines now he is in Army, he is big black man with muscles but Im white small girl 63 height from Poland and now looks that I beat my husband up.If I will divorce him now my case about green card will be closed.Im still here illegal because I-130 dont give me anything so this is my big problem.I really cant go to court with attorney because money and have no idea that somebody represet me there for free.Yes, You right just try for kids.I will take Your advice and will go to JAG and we will see.You gave me some hope and motivate to fight about case (not with my husband of course:))
 
I forgot.He told police that I beat his had and this is in report.Yes this happen when he hold me and walk with me to the door.I just told him put me down.So, I know this but in police report is no explanation.Looks like committing adultery?I wish You will pick up the best place to live with your wife.I see too many choices and all this country are beautiful.Just live in some exotic place with peace around.
 
Agnes1 said:
I forgot.He told police that I beat his had and this is in report.Yes this happen when he hold me and walk with me to the door.I just told him put me down.So, I know this but in police report is no explanation.Looks like committing adultery?I wish You will pick up the best place to live with your wife.I see too many choices and all this country are beautiful.Just live in some exotic place with peace around.
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Forgot about what you think you told the police. You were scared and didn't understand the officer's question. English isn't your native tongue, Polish is. Mistakes do happen. I think you might have meant to say, "He pushed you towards the door, trying to make you leave. You think he hit YOUR head."

Were you charged on base or off?

If he doesn't appear when you go to court, this will eventually get dismissed.

You should plead not guilty, and ask the court to appoint a lawyer to represent you.

Tell your lawyer that you didn't do anything to him. He got mad and was trying to throw you out of your home. You were scared and thought he was going to hurt you or your kids. He seemed to be so angry and upset. No matter what, stay with that story and ask about getting your kids reunited with you.

That takes care of the criminal case.

Then, hire a private attorney and file for divorce. Tell the attorney you want emergency spousal and child support. Tell the lawyer you want to live in the marital home with your kids. Ask the attorney to request that your husband pay your lawyer's fees.
Ask the attorney to get you temporary, emergency custody of your children.

Don't let him talk you out of this. If you want to remain in the USA, this is how you ensure that happens!



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Yes, right You understood what I wanted say how this happen:)Sorry for my English.I plead not contast because wanted go home to my kids.This case is with adjudification withold.Yes, this happen out of base.He didnt go to court but I know that everybody called to him.Even during court hearing judge told I cant go home because have to stay away from him, so they called to my husband and he said I can go back. Also Immigration officer called him ask he want me to stay in jail or can go home.So I was at home.All it was contact to him on the phone.Immigration officer told me that I have to sent I-485 but without affidavid of support I just cant.Nobody want sign.So, now Im still illegal and this is worst.Im waiting on Notice to Appear right now about:Im not US citizen and overstayed.They can terminate this case but I have nothink strong to show immigration judge.I dont know,this is what I think.I cant even say how much I thank You for Your help.Today Army send my husband to Virginia on one month,so everything now is my problem.Im bymyself at home with for kids, no car, no money and on probation.I have to go to see probation officer once a month, enroll same classes and how I have to do this with 4 kids on my head, no transportation, no money and nobody help I have no idea.I just stock.
 
We dont really think about divorce,we want be together but now have to fix the problem.If i have to go home my husband said I can finish green card from Poland or he will apply for waiver.But I scare 10 year bar and all applications can be reject.
 
Last question, I know You have more important think to do than my problem.Do You suggest will be better go to immigration court without my husband? If I go with him can he fight about this case for me, he dont want us go back to Poland.
 
Agnes1 said:
Last question, I know You have more important think to do than my problem.Do You suggest will be better go to immigration court without my husband? If I go with him can he fight about this case for me, he dont want us go back to Poland.
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Your problem is very big.
You need to go to the JAG office.
They'll advise you.
Call his unit commander and tell him/her you have no money.
The unit 1st SGT will help.
Contact the unit FRG they can help.
Contact army social services on base. They will help you, too.
The unit commander or 1st SGT can get him back to help you.

Finally, contact the local chapter of the Red Cross. They'll help you, too.

Let me know how things are going.
I can always make a couple phone calls and see what I can do to help you, too.





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Thank you so much for Your help.What do You think about form I-360 can I try with this?I cant proof he is verbal abuser but he is, sometimes I feel like his victim when he disrespect me.Ya, now my husband show me everyday how much he love me, so I told him just go with me to immigration court and show judge how you are smart now.He realize that can lose me and kids.I dont really know this can help.I know one, everything looks like crazy marriage with love and hate.
 
Agnes1 said:
Thank you so much for Your help.What do You think about form I-360 can I try with this?I cant proof he is verbal abuser but he is, sometimes I feel like his victim when he disrespect me.Ya, now my husband show me everyday how much he love me, so I told him just go with me to immigration court and show judge how you are smart now.He realize that can lose me and kids.I dont really know this can help.I know one, everything looks like crazy marriage with love and hate.
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Agnes, you're welcome. I hope things work out for you. You should try whatever works to help you, your kids, and your hubby. We all make mistakes. We can always fix whatever we screw up. Good luck to you, madam!



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