I had my interview on Dec 7, officer seems to be convicted that I have a very good moral character although I have a domestic violence conviction on my record which I explained that it was false accusation from my wife while she was suffering from postpartum depression days after having given birth of our 2nd child. I provided the hospital record with the diagnose. I did appeal and Ohio supreme court has accepted it. The officer said that he needed the whole appeal which I provided when i filed but he said that it was missing pages. He also wanted my most current lease with my wife in it. After my conviction, I sentence to 8 mo probation, which was frozen pending my appeal. Immigration officer did say that the only problem he see is that they don't approve plp on probation. Any insights ?
With all due respect to Mr. Shusterman, a garden variety domestic violence in the state of Ohio is not necessarily a deportable offense. Last year we won a case in the Cleveland Immigration Court where the judge agreed with our position; the statute of conviction does not contain an essential element of force (necessary pursuant to Leocal v. Ashcroft). Since our victory, two other attorneys have used our brief and that decision and have received the same result. That said, these victories have not deterred USCIS and ICE from charging people and putting them in removal proceedings. You should retain counsel from this point forward to ensure your rights are properly accorded you.
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