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what is conviction /domestice violence/ employement based 485 pending

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  • what is conviction /domestice violence/ employement based 485 pending

    First , I was accused of domestic violence charges , I think it was MCL 750.812 ( I am not sure about this one ) in November 1999 with my female friend . This case was dismissed after completing a counseling session with the counselor in April 2000.
    Again, I was charged with Home Invasion at my female friend's house in March 2001, although I was living there at her house. The cops arrested me for home invasion, when the case went to the court; it was decreased to the amount of illegal entry (MCL 750.115) and Assault and battery (MCL 750.81). Both charges were dismissed after one year of non-reporting probation in April 2003.
    I got married in 2003 to my wife , she found out about my past, we had an argument, I was again charged with Domestic violence in October 2003. She called the cops on me, the cops came and I explained them that there is no violence involved and the cops left. After a month or so, I received a letter stating that I have an arrest warrant for domestic violence. I hired an attorney and he dismissed the case with no further consequences.
    my wife and I, again had a fight/argument over some issues on decemeber 20030, cops came and arrested me again for domestic violence (MCL 750.812). The prosecutor was extremely rigid, and told me, because of my history to attend 27 classes of domestic violence counseling. My attorney at time suggested me that this is the best for me, and I thought this is the best for me. I attended complete 27 classes of domestic violence counseling, and the case was dismissed.
    I have already spent thousands of dollars to attorney/s and immigration attorney/s , but still no answer to my problem . I have to asnwer to the RFE which was sent in regards to 485 employement based

  • #2
    First , I was accused of domestic violence charges , I think it was MCL 750.812 ( I am not sure about this one ) in November 1999 with my female friend . This case was dismissed after completing a counseling session with the counselor in April 2000.
    Again, I was charged with Home Invasion at my female friend's house in March 2001, although I was living there at her house. The cops arrested me for home invasion, when the case went to the court; it was decreased to the amount of illegal entry (MCL 750.115) and Assault and battery (MCL 750.81). Both charges were dismissed after one year of non-reporting probation in April 2003.
    I got married in 2003 to my wife , she found out about my past, we had an argument, I was again charged with Domestic violence in October 2003. She called the cops on me, the cops came and I explained them that there is no violence involved and the cops left. After a month or so, I received a letter stating that I have an arrest warrant for domestic violence. I hired an attorney and he dismissed the case with no further consequences.
    my wife and I, again had a fight/argument over some issues on decemeber 20030, cops came and arrested me again for domestic violence (MCL 750.812). The prosecutor was extremely rigid, and told me, because of my history to attend 27 classes of domestic violence counseling. My attorney at time suggested me that this is the best for me, and I thought this is the best for me. I attended complete 27 classes of domestic violence counseling, and the case was dismissed.
    I have already spent thousands of dollars to attorney/s and immigration attorney/s , but still no answer to my problem . I have to asnwer to the RFE which was sent in regards to 485 employement based

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    • #3
      Arrest records are closely tied to immigration records. You will have to declare the arrest as it is in the system. Failure to do some will be treated as a deliberate lie. It is difficult to say if that will affect your green card or not

      Comment


      • #4
        This is not true. Immigration records and arrest records are not tied together. It just happens that arrest records are public records unless the case is sealed. What I guess the poster means is that convictions and "pending" matters of criminal nature are considered by immigration fact finders and judges when adjudicating a case. However, the BIA has decided that an arrest that did not result in a conviction is not enough to trigger 212(a)(2), but see Matter of Seda and other related BIA opinions. However, most recently the Courts have applied a basic principle of justice to consider that arrests that did not result in convictions before a court, when the case was prosecuted and disposed (or dismissed np), bear little or no weight as a negative factor.

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        • #5
          I have a question ...can you vacate a criminal record? IS there anyway of erasing convictions? If you apply for a governor pardon, and it is granted does that erase a particular conviction from your records?

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          • #6
            Houston,
            Thanks for reply ,
            MCL 750.81 are domestic violence cases , I have been searching for the meaning of conviction , case dismissal , but it is so unclear . My question is , if the case is dismissed , does that mean that I was convicted . Please someone reply .

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