Charged with domestic violence while H1B is in RFE first time (H4 to H1)

sureshpatil451

By sureshpatil451,
in Criminal Issues

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sureshpatil451 Newbie

sureshpatil451

Posted
Posted

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

 

 

 

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century Advanced Member

century

Posted
Posted

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 .

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sureshpatil451 Newbie

sureshpatil451

Posted
  • Author
Posted

@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, 

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century Advanced Member

century

Posted
Posted

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.

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aarthi_24 Newbie

aarthi_24

Posted
Posted

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. 

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jairichi Advanced Member

jairichi

Posted
Posted

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.

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  • 5 months later...
ppatel22 Member

ppatel22

Posted
Posted

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!


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ppatel22 Member

ppatel22

Posted
Posted

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. 

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  • 2 months later...
JimH Advanced Member

JimH

Posted
Posted

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

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sam3215 Advanced Member

sam3215

Posted
Posted

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

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JimH Advanced Member

JimH

Posted
Posted

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.

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ppatel22 Member

ppatel22

Posted
Posted

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.

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JimH Advanced Member

JimH

Posted
Posted

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.

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