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Thread: LPR and Domestic Violence

  1. #1
    I am in the process of having an employment based immigration petition submitted. There is one issue and, from what I've read, it can be a real big problem and it involves domestic violence.

    Back in Dec of 1996, wife and I had a bad blowout and she decided to call the police with a domestic violence complaint. Policy of the local deparmtent was that under a domsetic violence call, someone gets arrested. That was me. They said it was basically to give a cooling off period so things don't escalate and get really ugly. This was in Florida. The case was transferred to pre-trial diversion without and plea being entered and the case was subsequently dismissed. Also, I'm divorced from this woman and and am very happily remarried, but to a non-U.S. citizen.

    Since domestic violence is a big red flag for gaining LPR, I tried to get a copy of the court documents. They have all been destroyed as per court procedure and only the docket. I know this issue will come up in the future with immigration authorities. My questions are, I think, straight forward.

    Does my case count as a conviction for immigration purposes? It's the only brush I've had with the law in my whole life.

    Does the Flores v Ashcroft decision also apply in Florida?

    Does anyone else have experience in a similar situation in Florida? Or words of advice for someone in my situation.

  2. #2
    I am in the process of having an employment based immigration petition submitted. There is one issue and, from what I've read, it can be a real big problem and it involves domestic violence.

    Back in Dec of 1996, wife and I had a bad blowout and she decided to call the police with a domestic violence complaint. Policy of the local deparmtent was that under a domsetic violence call, someone gets arrested. That was me. They said it was basically to give a cooling off period so things don't escalate and get really ugly. This was in Florida. The case was transferred to pre-trial diversion without and plea being entered and the case was subsequently dismissed. Also, I'm divorced from this woman and and am very happily remarried, but to a non-U.S. citizen.

    Since domestic violence is a big red flag for gaining LPR, I tried to get a copy of the court documents. They have all been destroyed as per court procedure and only the docket. I know this issue will come up in the future with immigration authorities. My questions are, I think, straight forward.

    Does my case count as a conviction for immigration purposes? It's the only brush I've had with the law in my whole life.

    Does the Flores v Ashcroft decision also apply in Florida?

    Does anyone else have experience in a similar situation in Florida? Or words of advice for someone in my situation.

  3. #3
    VERILY I ASK YOU, WHAT KIND OF A D-U-M-B-A-S-S ASKS SO EXTREMELY COMPLICATED QUESTION ON A GOOFY FORUM LIKE THIS ONE ?

    YOU NEED A "SUPERLAWYER" TO GET A LEGAL ADVISE CONSERNING IMMIGRATION CONSEQUENCES OF CERTAIN CRIMINAL CONVICTIONS/PLEAS/CHARGES , AND THOSE KIND OF LAWYERS ARE NOT GOOF-HEADS LIKE US TO SPEND MUCH OF THEIR TIME IN A FORUM LIKE THIS ONE !!!

    P.S. SINCE THE CASE WAS DISMISSED, I DON'T THINK YOU WILL HAVE PROBLEMS.
    YOU SHOULD CONSULT PROFESSIONAL ATTORNEY BEFORE PROCEEDING WITH ANY ACTION.

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