sureshpatil451 Posted November 26, 2015 Report Share Posted November 26, 2015 Hi, I am on H4 and my wife is on H1, My H1 is in processing (H4 to H1) My wife's GC PERM apporved last week, We have heated argument and i slapped her on her face, the neighbor called the cops and i have been arrested and spent 36 hrs in jail, On the first date of court on 17 Nov, the judge given me the docs of charges on me those are 1. Domestic battery : Bodily harm, swelling to the face 2. Domestic battery: Physical contact of an insulting or provoking nature 3. Interfering with the reporting of domestic violence : Prevented or attempted to prevent to call 911 This is my first crime in US / in my life, My questions are, 1. Is the court/judge send me to jail OR decides as am convicted (what the max possible punishment for these charges) 2. What impact on my H4 processing 3. What if my wife apply for EAD in premium Please suggest me in this regard, Your suggestions and comments are more valuable to me Thanks Link to comment
century Posted November 26, 2015 Report Share Posted November 26, 2015 First you should have hired a defense lawyer.. Second since you are a non citizen legal non immigrant if you are charged with multiple misdeamnours charges and if it is multiple domestic violence charges basically it is Crime involving moral turpitude which is a serious offense for immigration. If non citizen is convicted for multiple charges for CIMT offense the non citizen is Deportable . Link to comment
jairichi Posted November 26, 2015 Report Share Posted November 26, 2015 1. Ask an attorney. 2. Depends. 3. There is no premium for EAD. And, why does your wife have to file for EAD when she is in H1B? Link to comment
JoeF Posted November 26, 2015 Report Share Posted November 26, 2015 Domestic violence is a very serious issue. This will of course result in problems for you. Never hit another person! Link to comment
sureshpatil451 Posted November 26, 2015 Author Report Share Posted November 26, 2015 Please help, i am in need of guidence Link to comment
aarthi_24 Posted November 27, 2015 Report Share Posted November 27, 2015 Can your wife deny the charges and appeal to withdraw the case? Unless she's with your neighbor on this case. Link to comment
sureshpatil451 Posted November 27, 2015 Author Report Share Posted November 27, 2015 she is ready to deny Link to comment
JoeF Posted November 27, 2015 Report Share Posted November 27, 2015 Can your wife deny the charges and appeal to withdraw the case? Unless she's with your neighbor on this case. That's not how things work in the US. Geez. The OP needs to get a lawyer. Link to comment
sureshpatil451 Posted November 28, 2015 Author Report Share Posted November 28, 2015 @Century Is it permanently deporting or i can come back later ? Link to comment
century Posted November 29, 2015 Report Share Posted November 29, 2015 Hows your case proceeding? Link to comment
sureshpatil451 Posted December 1, 2015 Author Report Share Posted December 1, 2015 @Century The public attorney said that 1. Plead guilty for one out of 3 charges, then they(DA) will drop 2 charges : No jail, have to do some classes but CONVICTION in my record lifelong I didn't agreed for this & told I am ready for everything, i want to come out without Conviction then he suggested me to go for trial but he is not sure about whether i will win or not Pri trial diversion and SOC are not exit in IL state My question is If i convicted for plain domestic violence not battery then are they going to deport me? If deported can I re enter US or not My biggest problem is I am on H4 visa & no contact order with my wife, have no friends here, and I am not getting the attorneys US accent, Link to comment
JoeF Posted December 1, 2015 Report Share Posted December 1, 2015 Do you have a lawyer? If not, get one! Link to comment
century Posted December 1, 2015 Report Share Posted December 1, 2015 If you are ready to take classes do it. But tell lawyer that you will plead not guilty and you should get your case dismissed instead of conviction. Tell him that the conviction will cause immigration issues. Contact an immigration lawyer asap. Tell immigration lawyer to contact your defense lawyer and tell him sbout immigration and getting a job consequences. Getting a job in this country will be difficult if you have conviction in any case. Link to comment
aarthi_24 Posted December 4, 2015 Report Share Posted December 4, 2015 Suresh, i'm a newbie here, my suggestion is to go ahead with the trial and ask your wife to deny the charges. You will also need a lawyer's guidance. Look for similar cases on this forum and another forum ********. The judge wont find enough motivation when the victim (your wife) denies the charge. Dont worry, with a good lawyer you will be fine. Listen to news everyday so you can understand the american accent. Link to comment
JoeF Posted December 7, 2015 Report Share Posted December 7, 2015 This "have your wife deny it" is unlikely to work. Judges aren't stupid. They know very well that there would have been pressure on the wife. Link to comment
jairichi Posted December 7, 2015 Report Share Posted December 7, 2015 Suresh, i'm a newbie here, my suggestion is to go ahead with the trial and ask your wife to deny the charges. You will also need a lawyer's guidance. Look for similar cases on this forum and another forum ********. The judge wont find enough motivation when the victim (your wife) denies the charge. Dont worry, with a good lawyer you will be fine. Listen to news everyday so you can understand the american accent. Denial of charges do not work in US. Link to comment
GNH Posted December 12, 2015 Report Share Posted December 12, 2015 Denial of charges don't work in India either... I think you are screwed buddy. Very difficult to get a white collar job in the US with a conviction on your record. Forget about the GC stuff for now . Get a good lawyer and never ever hit your wife Link to comment
ppatel22 Posted June 10, 2016 Report Share Posted June 10, 2016 Hi Johngage, I have similar situation wherein I was arrested for 1 day for 273.5 DV case and then convicted by DA for PC 415 - Disturbing the peace in cali. I have to go to Mumbai for extension of H-1 renewal in august 2016. i am eligible for dropbox without biometrics i.e. no fingerprinting. i am worried about 221g. The conviction of PC 415 disturbing the peace is not a CIMT, my lawyer told me. Please advise what should i expect for the renewal of h-1 in Mumbai? Thanks! Link to comment
sam3215 Posted June 10, 2016 Report Share Posted June 10, 2016 You have to attend interview if you are arrested or convicted for any offense Link to comment
ppatel22 Posted June 10, 2016 Report Share Posted June 10, 2016 You have to attend interview if you are arrested or convicted for any offense Thanks for your reply Century_new. Were you in similar situation? for the interview, i will carry the necessary docs like court disposition papers, police report, letter from lawyer that conviction of 415 disturbing of peace is not CIMT. also how should I present about what happened in the incident?? And do they do in the medical check up...like what can they ask? Pls let me know your experience and if you got the visa approved. V tensed about this. Link to comment
JimH Posted August 11, 2016 Report Share Posted August 11, 2016 Thanks for your reply Century_new. Were you in similar situation? for the interview, i will carry the necessary docs like court disposition papers, police report, letter from lawyer that conviction of 415 disturbing of peace is not CIMT. also how should I present about what happened in the incident?? And do they do in the medical check up...like what can they ask? Pls let me know your experience and if you got the visa approved. V tensed about this. Hi ppatel22, Please share your experience. Thanks Link to comment
sam3215 Posted August 12, 2016 Report Share Posted August 12, 2016 Thanks for your reply Century_new. Were you in similar situation? for the interview, i will carry the necessary docs like court disposition papers, police report, letter from lawyer that conviction of 415 disturbing of peace is not CIMT. also how should I present about what happened in the incident?? And do they do in the medical check up...like what can they ask? Pls let me know your experience and if you got the visa approved. V tensed about this. Yes take all docs and immi lawyer letter.. Good luck and share your experience pls Link to comment
JimH Posted August 13, 2016 Report Share Posted August 13, 2016 Hi Johngage, I have similar situation wherein I was arrested for 1 day for 273.5 DV case and then convicted by DA for PC 415 - Disturbing the peace in cali. I have to go to Mumbai for extension of H-1 renewal in august 2016. i am eligible for dropbox without biometrics i.e. no fingerprinting. i am worried about 221g. The conviction of PC 415 disturbing the peace is not a CIMT, my lawyer told me. Please advise what should i expect for the renewal of h-1 in Mumbai? Thanks! Hi ppatel22, Please share your experience. Your id shows that you last visited this forum yesterday(aug 11). Why won't you reply with what happened? Help others by sharing with what happened. Link to comment
ppatel22 Posted August 14, 2016 Report Share Posted August 14, 2016 Hi ppatel22, Please share your experience. Your id shows that you last visited this forum yesterday(aug 11). Why won't you reply with what happened? Help others by sharing with what happened. Hi all, I am still going to Mumbai on Sept 1..so still one more month to go..I will update you all with what happens. Just worried that I had a plea bargain with no contest to PC 415(1) disturbing the peace...so dont know what will happen. Pls pray for us. Thanks. Link to comment
JimH Posted August 15, 2016 Report Share Posted August 15, 2016 Hi all, I am still going to Mumbai on Sept 1..so still one more month to go..I will update you all with what happens. Just worried that I had a plea bargain with no contest to PC 415(1) disturbing the peace...so dont know what will happen. Pls pray for us. Thanks. ppatel22, I really appreciate posting what is going on with your case. Our prayers are with you man!! Be confident. Link to comment
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