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Arrested for domestic battery - immigration implication

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  • #16
    This is probably an appropriate time to state something for the record. I'm not here to defend anyone's bad acts. I hope for Ottawa's sake that he didn't do anything terrible to his spouse, or I'd probably come down hard on him too. There's just not enough information from his original post to be able to say. Even one of his later posts ("she hit me first") doesn't really go to the severity of what happened.

    For example, I've watched some television also, and I distinctly recall an episode from "COPS" a number of years ago where officers were called on a domestic disturbance, but where the parties did nothing more than throw food and eggs at each other. Strange thing was, I think someone still got arrested. (Perhaps the eggs were rotten?)

    A situation leading to a domestic violence charge can run the spectrum from the seemingly absurd example I just mentioned to one where both parties are at fault (perhaps a "he said/she said" kind of case). Sadly, you also have the cases were one spouse truly is at fault and he (or perhaps she) is really endangering the other spouse and/or the children.

    We may never know where in the spectrum this incident lies. Again, I hope for Ottawa's sake that it's not something horrible. I'm simply not assuming that at this point. I'll leave that determination to an appropriate fact-finder (i.e., the judge or jury).
    I'm just a J.D. I cannot give legal advice, except for the following:
    See a reputable immigration attorney for help.


    • #17
      Don't beat up on the Canadian; its not his fault, he's from Canada, where they have different rules. Only problem is, said rules may be very different here and in other civilized nations.


      • #18
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ottawacitizen:

        I am in a bit of bind here, so knowledgeable folks please lend a hand.

        I am a Canadian citizen with US green card and my N400 is pending. Recently an argument with my spouse got out of hand. Long story short, I was arrested and charged with domestic battery. My lawyer indicated he might be able to get it down to simple battery charge. My court date is coming up in a few weeks. Now my questions are as follows:

        1. If I leave US (with court permission), is it likely that I would run into problem reentering US? In other words, would my "arrest record" (no conviction) be visible to border agents at airport or land crossings?

        2. What is the implication of a conviction on "simple" battery on my US citizenship application?

        David </div></BLOCKQUOTE>
        Whether it is assault and battery or just battery, you will be ineligible to adjust for USC. A waiver will need to be filed once the court finalizes the plea bargain. Depending on what the court gives in punishment and/or fines will decide how much of a chance you have to become a USC.

        As for leaving the US, it will depend on how long. If more than 180 days, you will need to file the I-131, travel permit.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre


        • #19
          You can always take your kids and go back to Canada. It's not exactly like you would be taking them to a third world country such as Mexico.


          • #20
            ...."in this corner, weighing in at 215 pounds, the p u s s y from Ottawa....and in the opposite corner, weighing in at 122 pounds, the defenseless wife,......"


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