Mobis: I doubt that you will be eligible for citizenship, given your issues with the criminal-justice system. It appears from one of your previous posts that you have been referred to court for domestic violence.
Furthermore, I believe that you are currently a conditional resident. You can apply for citizenship three years, less ninety days, from the date that you were awarded conditional status. However, if you are called for your citizenship interview before your application to remove conditions has been adjudicated, both will be conducted simultaneously. You cannot become a citizen before you are a permanent resident.
In any event, I believe that your court-ordered anger-management classes - as a result of a domestic violence situation - will mean that your application for citizenship will be denied.
Also, aren't you planning your divorce at this very moment?
No, conditional residence is not LPR. Once the restrictions on residency have been successfully removed, the time spent as a conditional resident is considered to be as a permanent resident.
A person who is a conditional resident cannot become a citizen before being awarded permanent residency status...in other words, until the conditions on residency have been removed.
I disagree. Conditional residency IS legal permanent residency = LPR. That an alien has a requirement to remove conditions prior to naturalization I agree, but that neither suggests that the residency is not legal nor permanent.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
SunDevil, stop who told you that someone with midsemeanor can be granted citizenship? Well, it all depends on the offence, you heard me. i know i didn't hit my wife, the police didn't even want to arrest me, but commonwealth state sent them back. But let me get back to the subject. when it is punge out, b/4 the end of this year there won't be any problem. that is for sure. i already call an immigration lawyer. A friend of my wife, he told me even with a misdemeanor, there be only a few question ask, B/c misdemean is nothing. Plus i might end up back with my wife. it's just ...the trust is not there anymore. And the only way a man can divorce his wife is when she commits adultry. i might or might not file for divorce. it's up to God.
If you are married and still living with (not separated) the US citizen wife, you can apply 2 yrs 9 mos after receiving PR. If you are not living with the USC, then it will be 4 yrs 9 mos.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
You seem to know all the answers, Mobis...why don't you answer the question yourself?
In any event, the question of domestic violence will be on the agenda the next time you go see the nice people at USCIS. I just hope that they have pepper spray on hand :-)
SunDevilUSA: Read this INA Sec.216(3)(B)If the service determines that such facts and information are true, the service shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.
sappyconifer, you are right he is an LPR, as long as he has entered USA legaly, and married to USC and still married.
All of you must understand that all are learing the Immigration laws here, some of them are experts, who had worked with USG, in the same field for not less then 27 years. SunDevillUSA, he is an Alien Residence also. He is from South Affica.
summerdevil U.S of assshoooollle, you are not tired of surking diiick on this website. you dirty pig. why can't you leave the question for those that have common sense. and get it right , there is nothing like domestic violence on my record you piece of shiiiit. Ur mom probrable in the club surcking some corrks. Please back to the question. Do any body knows the processing time for citizenship?
Mobis: I guess that those anger-management classes aren't working too well.
In any event, it is my understanding that USCIS doesn't take into account that your record may be expunged. They will simply ask whether you have ever been arrested...and go on from there.
What time is your next class? I think that it's funny that you are a chemical engineer, and yet you have such a personal chemical imbalance
I’ve noticed you have used some offensive languages against some members just because you disagree with their opinions or did not like what they have offered to you in response to your request for help. In my opinion, you should appreciate everyone who has taken the time to answer to your questions; regardless of their answers help you or not. Plus, this is a public board and not a private board. Thus, you will receive all kind of answers anyway, bad or good, whether you will like it or not. If you don’t like to hear certain opinions, then don’t come on a public board for help; rather contact an attorney in the privacy of your comfort so that you won’t feel offended by negative answers/comments.
Also, it’s obvious that you have wrong information on various issues in context to your situation. It could be because of receiving wrong information from someone (even from some attorneys/friends) or by your own perceptions. Let me break it down some of your statements to clear up some confusion from two of your threads-
You have said earlier that you weren’t charged for a domestic violence, but then later on admitted that you were charged for a misdemeanor. Your admittance of the fact came out only when another poster questioned on why you appeared in front of judge on a misdemeanor charge and why judge ordered you to have anger management classes if you were never charged for a crime. Did you think you went to Court to watch a talk show or a movie if you were not there to dispose a criminal charge?
Then you went on saying that your wife wanted the Police to disregard her call of domestic violence against you but the Police still pursued the case against you because you live in a commonwealth state wherein Police charge a person anyway even if victim (your wife) doesn’t want to press charges. This statement of yours also proves that you have wrong information on American justice system.
The laws in commonwealth states don’t have special laws compared to the laws in other states even though each state has its own laws in the US. Thus, the reason for the Police to have insisted in charging you for a domestic violence crime despite of your wife’s co-operation had nothing to do with you having living in a commonwealth state. In fact, a Police officer can arrest and charge a person if s/he sees/feels that a probable cause for a crime to have committed or will commit by such a person regardless of victim presses the charge or not or regardless of having any injury to victim. Thus, your wife’s willingness in dropping the whole matter against you was meant nothing to a Police officer because officer believed in his/her own conviction that you hit your wife, which was more than enough to book you.
Besides, in a criminal matter, the matter is always between the State and the defendant (you), and not between a Victim (your wife) and the defendant (you). That’s why you see the caption of a criminal case-'People of the STATE NAME vs. Defendant'. Of course, your wife is the victim here, but she is not the plaintiff; rather State is the plaintiff because in a criminal matter, crimes are against the State as well.
Though without a victim’s cooperation, it is very hard to obtain a conviction in a criminal matter, but it is not impossible. Judge and jury are not idiots not to know why why a wife doesn’t want to cooperate the prosecutor in a criminal case against her husband, which will make them more convinced about the guilt to be committed by the defendant.
Further, though victims can refuse to testify in a court by taking Fifth, but such silence of victim(s) normally works adversely in a criminal case. Plus, prosecutors can also charge a victim for making a false police call/report if victim would ever change her/his version of the story. So, your wife’s willingness to drop all this matter against you meant nothing to Police/Prosecutor.
Also, you should know that even if someone’s criminal record is sealed/expunged, it means nothing when it comes to INS. Why? Because INS wants to know EVERYTHING truthfully even about sealed/expunged records. To be noted that applicants must need to disclose about criminal records (even expunged/sealed ones too)voluntarily. And if someone will try to hide/conceal or won't disclose these information voluntarily to them, then INS will take it as a fraud/misrepresentation against US govt., which will compell them to revoke the immigration benefit and deport such person with lifetime bar. I made such statement in response to this remark of you: “when it is punge out, b/4 the end of this year there won't be any problem. that is for sure. i already call an immigration lawyer.
A conviction on a domestic violence crime is indeed a deportable offense regardless of its being a misdemeanor or a felony. Just for you and for those (even attorneys) who have given you wrong information: Under Section 350 of INA, effective September 30, 1996, a change in the IIRIRA makes non-citizens convicted of even misdemeanor offenses of domestic violence deportable. Pay extra attention here when I said-EVEN misdemeanor offenses of domestic violence make a non-citizen deportable. You might like to read more about it in a link given below in its section of-‘Domestic Violence and Other Family Crimes’.
You and other people might have their own definition on Conviction in the light of the fact that your case will be dismissed once you will complete your Anger Management classes and the record will be expunged. But what you guys don’t know is-INS has its own definition on conviction. Let me tell you how INS defines a conviction.
Conviction of a crime means that (1) a court has found a person guilty, a person has pled guilty or nolo contendre, or a person has admitted that the facts are sufficient to support a finding of guilt, and (2) a court has ordered some form of punishment, penalty, or restraint on the person's liberty. See, 8 U.S.C. 1101(a)(48)(A).
Thus, the question of whether a pre-trial diversion program constitutes a conviction depends on whether an admission of guilt is part of entry into that program. Programs, which require an admission of guilt and then some period of court-ordered probation or community service, followed by setting aside of the conviction on successful completion of that program, do constitute convictions for immigration purposes.
If you can read and comprehend a simple English, then I guess you might already know by reading all this information that if you have pleaded guilty for hitting your wife, then INS will find you convicted of a domestic violence crime to deport you even if your case gets dismissed after the completion of anger management classes. Also, you should have known by now that even a misdemeanor on a domestic violence crime is a deportable offense.
So, you now know how "capable" your friend is in giving you wrong advise on misdemeanor when you said: “A friend of my wife, he told me even with a misdemeanor, there be only a few question ask, B/c misdemean is nothingâ€. I can throw all the books/laws/links/reported cases on a situation like yours, but it would be a waste of your and mine time. Little written should be understood in details.
I’ve known at least 13 people who have exactly the same situation like you do, I mean exactly. Some of them even live in a commonwealth state like MA. They filed for citizenship and now got stuck in between. Some of them were already deported; while others are fighting their cases to avoid deportation as a last resort. There is a person from NC, who is writing to me everyday to ask how he could save himself from deportation for being in this situation as his citizenship application was not approved and this domestic violence issue came in picture.
I can happily give all these people’s email addresses and phone numbers to you if it will be okay with them, but you have to post your email address here first. You don’t need to know about their cases if you don’t want to, but the only reason I've offered this to you so that you would know what happened and what is happening to those who were involved in a domestic violence situation, including those who were in a commonwealth state.
By the way, going back together with your wife WON’T save you from deportation, in case if you are thinking about it in the context of avoiding deportation. I made this statement in response to this remark of you: “i might end up back with my wifeâ€. If you want to end up with her, then there is nothing wrong in it. You may even take her to your country upon deportation, but don’t expect that getting back together with her might save your green card or save your from deportation. However, getting back together with her could have helped you in removing the condition on your temporary green card without any problem and in obtaining the US citizenship earlier than usual time only if you were not convicted on a domestic violence crime.
As for obtaining a divorce, then I can understand that you are not able to get divorce in your particular state based upon a separation ground (no fault divorce) yet, and obtaining a divorce based upon Adultery might be the only option for you as of now in the absence of required separation between you and your wife. But you should know that a ground of adultery is VERY hard to prove in a divorce court becuase it must need to be proved with 'clear and convincing evidence'. No judge will grant a divorce on this ground unless your wife would admit to it or if you have a very solid proof to prove it like hardcore ones, such as video, pictures and etc about her indulging in adultery. Testimony from witnesses alone won’t help you in securing a divorce on this ground.
“how long you have to be in the u.s b/4 aplying for citizenship?â€
You must have to live half of the time in the US, depending upon the basis of applying for a US citizenship. For example, if you would apply for a US citizenship based upon 3 yrs rule of being married to a US citizen then you must have to live in the US for at least 18 months AFTER obtaining LPR. It would be 30 months if you would file it based upon 5 yrs rule.
“Do any body knows the processing time for citizenship?â€
It’s now taking only 4-6 months to wrap up a citizenship application coast to coast across the United States, except in Miami and Hawaii district offices.
“about proving that i got into marriage with good intent is not the question, because i wasn't out of status, and i got my green card after 3 month of applying. plus i have a kid with herâ€
Just because you were NEVER been out of status and got your green card within 3 months and have a kid with your wife, then all these still don’t prove that your intention in marrying with your wife was bonafide. Before answering anything on it, keep it in mind that you will be speaking to a person who practiced immigration laws very aggressively in the past. Thus, playing/twisting with words won’t impress me.
“They will urge me to stayâ€
Why is it so? Just because you are a chemical Engineer STUDENT? Or do you think govt. will care about your taxes in the future? If so, don’t you know how many Russian engineers are in the line to avail the opportunity to come over here? By the way, if you don’t know then you should know that Russian Engineers are known the best in the world. If America wants, America can import “creamy†professionals anytime from around the world as it has been doing ever since than thinking to keep a rookie or a STUDENT who hasn't proved his skills yet.
As for caring for your tax money, then I’m sure you have never heard of a case wherein INS asked an Indian-‘Guru Rajanish’ in 1986 to leave the United States within 24 hours even though he was a green card holder and was living here since 70s without committing any crime. This guy was a multi-billionaire and his followers were wealthiest people from around the world. He had 9 Royle-Royce cars, diamonds, and anything you name it. He was 70+. He owned mostly properties in Oregon State. American govt. doesn’t want him to occupy everything in the Oregon.
In the 70s, there were many religious organizations in the US, like ‘Hare Rama and Hare Krishna’. Similarly this person was involved in a belief of free and open s3x. His message was-have s3x with anyone and enjoy the life. His followers were millions of beautiful women and men from around the world who were engageD in open and free s3x. You might have heard-hippy times in 70s.
So, my whole point is when US govt. did not even think twice in deporting such a wealthy person who did not even had any criminal history, then do you think they would think twice deporting a Chemical Engineers STUDENT who has a criminal history of domestic violence crime?
“if they deport me after school,who is going to paid for the student loan, child supportâ€
What made you to think that INS will deport you AFTER you finish your school? In fact, INS will deport you upon known your conviction on a domestic violence crime. Since most of times INS comes to know this kind of convictions only when an alien files some kind of application with them. That said, they would know about it when you would file I-751 (a petition to remove the condition) or N-400 (an application for a US citizenship).
About your obligations of paying the student loan and child support then it is not INS problem because INS job is to enforce immigration laws than thinking any of your financial obligations. Further, you cannot apply these irrational beliefs in context to deportation because if you would apply the same analogy/rational then you may murder someone tomorrow and will say the same thing to the govt. by saying that who will pay your student loan and child support if govt. will try to send you jail for lifetime or if they will give you a death penalty. This is not the way laws work in anywhere in the world. Don’t you know millions of criminals are serving times in prison around the world despite of having children and owing financial responsibilities? I think you don’t know how many people INS deports every day who have family to support here.
If you are a sincere and honest person then you will try to pay the student loan regardless where you will reside upon deportation, even if you would earn a little there. It would prove your character and moral as a person in general. But if you would make all kind of excuses to avoid this student loan, then your true character will be known, not to us but to the God. Always remember- what goes around, always comes around. You might avoid paying this student loan, but then you might end up loosing a lot of money somewhere else or your peace or health because of taking the advantage of someone's generosity. I do believe in Karma.
Of course, if you won’t pay the student loan back then America cannot do anything to you if you would live outside the US especially when it is a civil matter. But can you ever be able to keep your head up in knowing that you took the advantage of someone? Would you be proud of yourself for avoiding this obligation? Would you like your children to have the same "morals" that you will show if you don't keep your promises on this loan? America was good to you when it extended a student loan to you so that you could study and improve your life. Thus, it is your moral duty to make good on those promises.
Plus, there was no such a condition attached on those student loans that you wouldn’t need to be paying it if you were not allowed to stay here in the US. That means-you should pay it back regardless of where you would live. I don’t think it would be a big deal for a person like you who is a Chemical Engineer student and who claims to have a good character. You said: “i know who i amâ€, then prove it. We don’t know who you are, but God will know later on if you will return the money that is extended to you under a good faith as a student loan.
About paying child support, then people shouldn't consider to pay it just because courts ask them to pay it; rather paying a child support shows/proves how much a parent loves his/her children. That means-if you really love your daughter, then you will take care of her needs even if you would live outside the US and even if other parent will be taking good care of your child. If you were not here, would you still be saying that you couldn’t pay a child support to your daughter to take care of her because you are not in the US to make money? A child needs a caring and loving from both parents. Whatever happened between husband and wife, it should not have any barrier or affect on their loving and caring towards their children. It is very stupid and immatureness for you to even talk about how you will pay child support in context of your deportation, especially when you claim that life is everywhere.
“Immigration always give me positive answer anywaysâ€
Because they are tier 1 operators who don’t know the legality of the matter.
If I were you, I won’t be dancing, especially when I see no way to avoid the deportation in this situation. No need to mention that you are not living here a long enough to ask the Immigration judge to suspend deportation proceeding against you. Now you have to think about your daughter as well because you cannot just take her to your home country when you will be deported; otherwise US govt. will come after you over there. And I don’t think a family court will grant you the custody of your daughter especially when you are a student, means you are not financially capable of taking care of your daughter. Besides, courts always (97%) grant custody to females.
As for another poster’s question (newbam) then it is true that INS doesn’t care if someone has children or not with a US citizen, but if an alien won’t pay a child support to his/her children, then INS will definitely deny his/her application for a US citizenship. So, supporting a child is very important matter at the time naturalization.
“We know what we are, but know not what we may be.â€-Shakespeare
This message has been edited. Last edited by: SAMMY,
Posts: 524 | Location: East Hampton [Long Island], New York [USA] | Registered: 10-08-2003
Mobis: Read SAMMY's post. He's an expert on immigration law, and he's telling you - much more eloquently and in much more detail - what I have already told you. You're toast.
Sammy, do you know what wrong with you? you an amateur trying to be a proffessional. That makes you look more foolish as hell. Commonwealth states doesn't have different policy when it comes down to arresting abusers? Dude i don't have to explain to you anymore, b/c it seems like you have no sense of view. You probably live in the country side your whole life, and i will appreciate if you go back and continue burning churches. As for me i spent the whole day today at the immigration, b/c i have an interview. the lady there nearly gave me a kiss. i have been doing great @ schoo
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