Can I avoid deportation

[WooriedinIllinois]

I have been in the US for 13 years. First on a L-1 visa and then Legal Permanent resident for almost 10 years, with no criminal charges or any other legal problems. I have been charged with Domestic Violence in Illinois by the state. My lawyer says he can probably get me off the charges but I am worried about deportation if convicted due to the domestic violence charge.

Is there anyway to avoid this (will deporation be mandatory or is canellation of removal possbile)?

Any recommendations for the best immigation lawyers in the Chicago or Dupage County area?

[WooriedinIllinois]

I have been in the US for 13 years. First on a L-1 visa and then Legal Permanent resident for almost 10 years, with no criminal charges or any other legal problems. I have been charged with Domestic Violence in Illinois by the state. My lawyer says he can probably get me off the charges but I am worried about deportation if convicted due to the domestic violence charge.

Is there anyway to avoid this (will deporation be mandatory or is canellation of removal possbile)?

Any recommendations for the best immigation lawyers in the Chicago or Dupage County area?

[E.]

You can't avoid your fate

More speciphically: if you are convicted of aggravated felony, where maximum sentence for the conviction is over 1 year, expect to be placed in removal proceedings under Section 238.

I like to read the opinions of IJ, BIA and Federal Circuit Courts, and can tell you that IF Domestic Violence is interpreted in IL as aggravated felony then prepare to buy your tickets.

WD is possible if you can prove threat/danger to your life upon return.

Good luck

[WooriedinIllinois]

Thanks - it is a first occurence so it is not classified as an agravated felony in Illinois, however I think it may be a problem due to the "domestic violence" classification. Any ideas are most appreciated.

[4now]

Hi Worried



YOu didnt give any details ?? was this spouse/girlfriend??? If so.. and all is well now or will be try to get the victim to agree to a lesser charge as in harrasment and offering to taking anger management classes. This would reduce the offense to a citation like level. Try to cut a deal on first offense.

2nd Question....

Why the heck in 10yrs didn't you ever apply for citizenship? AS long as you are LPR you can be subject to removal.

[WooriedinIllinois]

Thanks very much - it was actually my son - who was misbehaving and jumping on me. I asked my wife to get him off me but she wouldnt, so I grabbed him to get him off. When he said I hurt him she took him to the hospital where he had a couple of small bruises but other than that was OK. I dont think she realized that police would charge me.

I am told the state is pushing her to keep order of protection on me and threatening to take away my son if she doesnt, so I only see him through supervised visitation but she may be coming around as she is telling friends she does want to get the family back together. My son is having the worst time of this all as he really misses me as has been documented by the supervised visits.

Not applying for citizenship earlier was a big mistake - I didn't realize the consequences until now as being a law abiding resident I never envisioned having any legal problems like this.

I hope others reading this will realize the consequences and apply while they still have a chance. It is a devastating situation to be in.

I am willing to take whatever courses they want and am trying to get into anger managment as that is what DCFS wants. I cant bear the thought of never seeing my son again if I am deported.

[4now]

ok Worried

First .. How old is your son? B/c it looks like you have even worse ahead of you with Childrens Services involved. It will be difficult to make them go away if you dont get your wife thinking in the right way. You and wife have to be solid together in this or it will all fall apart and they will paint you in a very bad way.

You say your son was attacking you and when you defended yourself to get him off of you.. he sustained some bruises. Again I ask how old is your son?? What is relationship with your wife? How is it that the State seems to be controlling her actions and not you? PFA was allowed... Somebody was telling a different story for that to happen.

Childrens Youth(the State) will ruin all 3 of your lives. Better get this under control real quick or they will take over.

Again. try to get this pleaded down to something little. Get a good lawyer .. Tell him you want this to go away. Do not plead guilty no matter how much any of them pressure you. Next after you succeed there.. Get the state out of your lives. Resolve this and apply for citizenship.



Get a good lawyer.

[aceIaw]

Yup, and according to 4now beat the bejesus out of your wife, too, so she will "get ...[ ]...thinking in the right way"! And yes, the local and federal government has more authority over you, your wife, or your child, it's called the Law or human rights, since I don't know what Taliban cave 4now crawled out, take that to heart.

Now seriously, WorriedinIl; as long as you're not convicted for a removable offense you're safe and may qualify for naturalization 5 yrs. after the final court order. As you were advised, get a good defense attorney who may be able to get the prosecutor to reduce the charges to a non-removable offense, or drop them all together. This will all depend on many factors in regards to your moral character, history, background, family dynamics etc. Since it's a first offense, the court will be 'forgiving' if you can prove that this was a one-time rage in contrast to a pattern of abusive behavior. Good luck!

[4now]

Salam AceIaw

Didn't your parents tell you about throwing stones??? Put your stones away.. and that big rock you just threw almost hit me.

Now pray tell Where is it said or even implied that "get thinking in the right way" equates to "beating your wife" I suppose this is your thinking and this is what you would do. How sad.

Kindly asking you to refrain from misquoting or twisting my words again.
I dont want to have to bother Big O with this. ;-)

Di Wadih

[WooriedinIllinois]

Thanks for all the replies. My son is only 6 and I didn't hurt him, acording to the hospital report he had some small red marks n his arms(not really bruises) but my wife and I have been having problems and I think she is used this as an excuse to get back at me, but didnt quite realize how much trouble this was going to cause. The supervised visitations have been going well and they say it is clear he loves me and is not afraid of me as my wife stated to police.

I understand the need for a good lawyer and I have one who is seems to be doing the right things except that he says we really wont know if they will drop charges or negogiate to a dfferent charge until a couple of weeks before the trial date. Is that correct?

I would still appreciate any reccomendation for the bext immigration lawyers in the Chicago area (I have searched this site and AILA) but havent really been able to determine the best. I want to have this lined up just in case I they do find me guilty since the laws are very tought and I'm told that this county is one of the toughest in trying to get convictions on DV.

[4now]

Hi Worried

This is too bad. Cant help you out on Immi lawyer suggestion. But right now that is not who you need. Right now you need a Criminal Lawyer's expertise to get these charges reduced or dropped. (or Lawyer that specializes in both venues)

This is true it will be at the hearing or week or so before at pre that these charges will be negociated. After the charges are hopefully dropped or reduced... The issues will be changed. Just make criminal lawyer aware of the jeopardy of your Immi status because of the DV charge if it is not reduced or dropped. And the hardship that it will cause the family.

You and your wife need a solid front of togetherness. No time for tit for tat.

Best Wishes in success.

[E.]

WooriedIL:

I looked it up, and here is the thing:
You WILL be deported (found deportable) under Section 237 for Domestic Abuse/Stalking if convicted of the same.

All Criminal attorney could do is talk to Prosecutor and try to negotiate dismissal of charges.

But in the end it all depends on Prosecutor.
So, good luck to you.

[WooriedinIllinois]

Thanks - I had looked this up in INA as well and that is why I am so concerned.

The charge is a misdemeanor in Illinos but beause of the Doemstic Violence category I believe I dont get the waiver due to being here as an LPR for more that 5 years that I would on any other sort of non agraveted felony charge.

Does anyone know what would be my chances of getting a cancellation of removal as I see that it is limited to 4000 people per year.

[Aguila]

WorriedinIllinois:

The 4000 cap does not mean that they only allow 4000 people for this relief, what it means is that for example you get cancelation of removal and then the cap is already reached, you could file the next year. I might be wrong... but thats the way I interpret it.

[WooriedinIllinois]

Thanks for the replies. For a LPR with my length of time in the US with no other problems what are the chances of being granted cancellation of removal.

Any recommnedations on the best law firm or lawyers to handle this?