Pls Help :: Effect of a domestic violence case on Green Card renewal

[sandy44]

What is the name of your state? California

My brother married an american citizen gal almost 2 years ago (it was an arranged marriage). He immigrated to US and soon after my brother was falsely accused of domestic violence. The cops came and saw that there was no concrete evidence of violence, but there was one red mark on my brother's wife's back. My brother was arrested and taken in. The case started and we were suggested by our lawyer not to contest. So we did wat he said and my brother was told to attend the domestic violence classes for one year. Now after one year his case has been dismissed. His date of renewal for the green card comes this June. Now that he is divorced will there be any effect of the domestic violence case on his green card renewal ?

[america4ever]

I am NOT an attorney

I am not sure if I got all you said, but if your brother married almost 2 years ago, he is on the conditional GC and he should be filing for Removal of Condition prior to the 2nd year of marriage.

If that is the situation then it is trouble.

One, and most important, because he is NOT married any longer.

Two, although the case was dismissed, he needs to be sure there is no local/state criminal/misdemeanor record on him.

Three, if they ask about any criminal/misdemeanor situation, even though the case was dismissed (be sure of that and tell him to take written documentation to prove that) he will have to tell the truth.

For this situation an attorney will be of great help, because if they deny his renewal, (great chances, due to arranged marriage and no proof of ties, domestic violence and divorce prior to 3 years), he will mostly be required to leave the country (deported)

If he would still be married all would be much much easier.

I am sorry if I understood wrong and he is not on Removal of Condition, but in anyway he will need an attorney.

Please read:

[url]http://uscis.gov/graphics/howdoi/spouselive.htm[/url]

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Conditional Residence
If you have been married less than two years when your spouse is granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional basis. You and your spouse must apply together to remove the conditions on residence. Please note – you must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status. If you fail to file during this time, your spouse will be considered out of status as of the 2-year anniversary, and may be subject to removal from the U.S. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?
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best of luck

[ImmigAttyLana]

It is not a green card renewal; it is the request for the removal of conditional permanent resident status. The criminal issue is a secondary issue because he is most likely not going to be eligible for the removal of conditions since he is no longer married. Unless he can adequately demonstrate that the marriage was bona fide at the time it was entered into (and the burden of proof is on him to show evidence of this), his status is likely to be revoked and he would be out of status in the US (and would have to depart the US).

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

[sandy44]

Thank You ImmigAttyLana & america4ever for your comments to my query. Well my brother has adequate evidence to prove that his marriage was bona fide. He talked to an immigration attorney in CA and he said that he will be called in for an interview and will have to prove whether his marriage was bona fide or not. Secondly the INS guys might/will bring in the charges of domestic violence too. The attorney suggested that we be truthful and say that we did not contend the case even though my bro was not guilty. According to my attorney as the domestic violence case was dismissed, there should not be any problem regarding that. He would only have to prove that his marriage was bona fide.

I agree that it is not a date for renewal of his GC, my mistake, it sure is a removal of conditional permanent resident status. Can you please suggest as to how should we go about further.