Pregunta a ABOGADO :
1. Where and when did the arrest and subsequently the conviction take place? The arrest was in Florida in january 2008 the conviction was in july 2008 (I didn't go to trial, it was a plea)
2. Who was the victim? Was it a spouse, a former spouse, someone you co-habited with as a spouse, or someone you have a child or children in common with? The "victim" was member of my family.
4. Did you plea guilty or no contest to the initial charge of domestic violence? I pead not contest.
5. When were you granted permanent resident (green card) status? november 2006
6. Have you traveled out of the U.S. after you were convicted? If you did, when did you travel? I travel during that process (May 08), but before I pead no contest. I was redirected to the other room. They had in their record that I was with felony. I explained them that it was reduced to misdemeanor and that I had a court date soon. They check that in the computer and they let me go.
7. Have you applied for citizenship? No
Based on your answers, the fact that you were convicted in July 2008 as a result of your no contest plea, if you were to travel abroad now, you could face being charged with a ground of inadmissibility by the Border Patrol at an airport, seaport, or land crossing and be placed in removal (deportation) proceedings.
Please understand that when you last traveled, the Border Patrol took you to a separate room questioned you about your arrest. The fact that you were not "convicted" back then, was the reason why they let you go and admitted you to the United States .
However, now that you have been convicted, the Border Patrol as part of the US Immigration & Customs Enforcement (USICE) has the authority to deem you inadmissible, has the authority to place you in removal proceedings, and further has the authority to place you in immigration custody (immigration jail) while you are in removal proceedings.
Although your conviction for Disorderly Conduct is not on the list of Crimes Involving Moral Turpitude (click the link for the definition), you run the chance of an inexperienced Border Patrol officer making such a determination and then, you would face the inconvenience of going through a deportation proceeding to ultimately have the case terminated because Disorderly Conduct is not a Crime Involving Moral Turpitude.
On the other hand, the USICE can still charge you based on the underlying elements of your arrest for Domestic Violence and try to make the argument that the elements of the underlying offense of Domestic Violence should be enough reason for you to be placed in removal proceedings. Please note that this may seem trivial, but the risk is there.
Therefore, you must decide whether traveling abroad is worth the risk. to answer your question whether you can travel, would be to refrain from traveling abroad, wait until July 2013 and apply for citizenship.
Although disappointing I appreciate your fast response. I can see for the level of questions and answers your professionalism and efficiency.
My last question is the following:
Can the arrest for Domestic Violence still affect in any way my citizenship application? Is there any chance that they can put me in removal procceding once I apply for citizenship in July 2013?
The risk is there, but it would be less likely because for the purposes of citizenship, the US Citizenship & Immigration Services (USCIS) considers Good Moral Character (click here for the definition).
Please note that you must have five (5) clean years of good moral character before applying for citizenship.
The fact that you have a conviction, your good moral character for the purposes of citizenship is determined by calculating five (5) years from the exact date you completed the sentence or punishment that was rendered.
In other words, if you were sentenced to probation, then calculate five (5) years from the date you completed probation.
If you were sentenced to community service and/or fines, then calculate five (5) years from the date you completed the community service or have completed payment of any fines in full. Also, please ensure that you have certified copies of all evidence that shows that you completed your sentence or punishment.
Therefore, the five (5) years for you may possibly be after July 2013. You can look over your criminal records and provide me exact dates of the arrest, conviction, the sentence or punishment rendered, and, the date you completed your sentence or punishment so that I can give you a more accurate date as to when you would be eligible to apply for citizenship.
Mensaje editado por camil7
08-04-2009 02:11 PM - editado 08-04-2009 02:11 PM
Publicado: 08-04-2009 06:18 PM
Supuestamente y hasta donde yo se, no lo son. Si tu caso fue dismissed, no veo que tengas que preocuparte por la deportacion.
Pero como el arresto fue por violencia domestica , antes de salir del pais o al aplicar por tu ciudadania deberias consultar con un abogado. Ya que cada vez que uno tiene problemas con la ley pone en peligro su status migratorio en este pais. Tienes que tener copias certificadas de la corte donde certifiquen que el caso fue dismissed y presentar eso al entrar al pais o al aplicar para la ciudadania.
Espero haberte ayudado en algo. Pero que bueno que tu caso no es tan complicado....saludos...
Publicado: 08-07-2009 03:29 PM
Publicado: 08-08-2009 11:00 PM