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would a past domestic charge deter me from obtaining change of status? Criminal Law

Discussion in 'Immigration Issues' started by gisellep, Mar 21, 2014.

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  1. gisellep

    gisellep Law Topic Starter New Member

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    in August 2011 my husband applied for me out of desperation....he was on unemployment and things wasnt looking great in our marriage and we had a second baby on the way and I was depressed and I felt inadequate as a mother. My husband already has 4 kids from his 1st marriage and our 2 small boys make it six. It was a struggle. 3 days after my 2nd son was born we had an argument and I just lost it and hit him with a lose rail (stick) from the staircase. I was charged as felon agrravated assault with a deadly weapon....I got time served 73 days with 12 mth probation which was completed....but it was turned into a misdemeanor #3. While in jail my everything got denied but not because of the criminal record...it got denied because they requested more evidence to support he Avidivat of Support and they were questioning my birth certificate and needed another copy. I couldnt respond because I was in jail for those 73 days and my husband ignored it too and was tending to our kids...it was a mess even DCF got involved and told him to end the marriage. It was strange...esp for a 1st time offender, they were out for my blood. They sent a denial letter telling me to leave within 30days or face removal. today I found out that I have no case or my A# is not in any removal proceedings or deportation.

    Anyway I put that past me but today I went to see a lawyer about applying again but she is concern about my criminal record....she said they will have to pick apart the case to see if I inadmissiable or not....

    My husband is getting weaker from working like a slave. I would like to help out too and secure our kids future. We are past our struggles as a couple and our own family unit. I have lived in the USA for more than a decade and married to my husband for 5 yrs.....
    I dont know what to think or do anymore....I am only fearful for our kids future without one parent.
     
  2. army judge

    army judge Super Moderator

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    A lawyer can only tell you the likelihood of how the law will be applied.
    A court applies that law.
    Our law enforcement agencies enforce the application of the law and its penalties and sanctions.
    You are making your life difficult.
    You have acted out violently.
    You are committing crimes of moral turpitude, and our immigration law is clear on this. you'll likely get denied.

    Read these:

    http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

    http://www.vongeyso.com/files/images/cimt_list.pdf

    http://www.legaldefenderspc.com/practice/criminal_cases_immigration.html

    http://nortontooby.com/topics/crimes_of_moral_turpitude

    http://www.state.gov/documents/organization/86942.pdf

    http://www.nolo.com/legal-encyclope...l-turpitude-according-us-immigration-law.html
     
  3. disagreeable

    disagreeable Well-Known Member

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    A domestic violence charge is almost a guarantee you will not be staying in the US. The fact you and hubby cannot support your children yet keep creating more is not relevant.
     
  4. Proserpina

    Proserpina Moderator

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    Out of sheer interest, where does AOS come into things?
     

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