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troubleduser22

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About troubleduser22

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  1. troubleduser22

    Arrested for DV, background check for new employer

    She hired a lawyer on her own. I was not allowed to contact her because there was a restraining order in place, After the order expired she told me she had hired a lawyer because she panicked. It actually helped us out in the end because her lawyer knew my lawyer (coincidently) and both worked together to get the charge not filed by the DA. You don't have to hire a lawyer for your wife but we did because we panicked. It worked out in the end
  2. troubleduser22

    Arrested for DV, background check for new employer

    yes.. Me and my wife both hired a lawyer immediately who talked to the DA and convinced him to not file charges in the court. And because my wife also had a lawyer, her lawyer told the DA that she will not testify which made the case really weak as the DA did not have any evidence. So I never had to go to the court even for pre trail because the DA agreed to not filed the case. However, I am still not sure if this was the best move. I say this because: The DA said no charges are being filed now. I received a letter saying that the DA is not filing charges now BUT can file charges later (within the statute of limitation). This is a standard letter that is given to the accused if the DA does not file charges. The down side of this is that, the letter still says that DA can file charges later. Now even though this is just a formality in wording and the DA will never file charges unless you do something stupid again, on my arrest record it shows as 'Pending investigation' or 'Open charges'. This is bad for immigration because it shows that the DA can still file charges if they wanted to (even though they will likely not if you dont repeat this in the future). but this still causes problems. So I do not know if no charges being filed is better than a lesser charge being filed. I had a friend who had to go to court because DA had filed charges but his lawyer was able to reduce it to Disturbing the peace misdemeanor.. which is non CIMT and does not render you inadmissible or deportable. But in my case, because no charges were filed, I was told that the visa officer at immigration can try to grill me and see if I was guilty and deny my visa. So I will have to speak to an immigration attorney in detail before my visa stamping. For now, I was advised to not go for stamping because my visa was revoked because of my arrest. The upside however, is that because no charges were filed against me, my arrest was deemed as a 'detention' by the local police department which means i can answer 'was never arrested' for employment purposes. I still have to disclose my arrest on any govt and immigration form though. So I am not completely sure what the best approach is here. I highly recommend you talk to immigration and criminal lawyer to see what can be done.
  3. troubleduser22

    Arrested for DV, background check for new employer

    I am still employed because i have not disclosed the arrest to my company. In my case though, the DA did not file charges and the case did not end up in court. I would strongly advise getting both criminal and immigration lawyer because criminal lawyers will not always know the immigration consequence of DV which can be a deportable offense if convicted.
  4. troubleduser22

    Arrested for DV, background check for new employer

    I think a bigger worry for you might be what implication this might have on your visa in the future. I am kind of in the same boat as you with regards to the charges.
  5. troubleduser22

    Domestic Violence no charges Visa Revoked

    I have already spoken to the lawyers and I am still maintaining status. The revocation of visa is a prudential revocation which is a common occurance if one gets arrested. I am still allowed to legally stay as long as I do not leave the country. The case was dropped due to lack of evidence. My wife refused to testify. What do you mean when you say the consul chap jumped the gun? Thanks
  6. troubleduser22

    Domestic Violence no charges Visa Revoked

    thanks for the advice but sealing does not hide it from immigration
  7. Hello, I live in California and I was arrested for DV on charges 273.5(a). The DA did not file charges to the court. Here is the incident: Me and my wife had an argument where she was throwing stuff at home and I restrained her which caused bruises on her arm and I suffered nail marks on my hands. Neighbours called the cops and I was arrested. The police asked her if I tried to choke her but she said she felt choked (because she had been crying) which the cops misunderstood as me trying to choke her. I was then arrested. My wife recanted and explained her statement the next day and we both hired lawyers which resulted in the DA NOT filing charges in court. A week later, I got an email from the embassy saying that my visa was revoked My Question is: 1. How difficult is it to get visa again? The matter did not go to court. Does this even matter? I think it would have been better if it did end up in court and charges reduced to Disturbing the peace. 2. By california laws, the statute of limitation for these things is 3 years.. so the arrest record remains on my record. Can I get a detention certificate in my case? From my research it seems risky as the DA might choose to file charges again when revisiting my case. 3. I talked a couple of immigration lawyers and they suggested that I should NOT even try to go for stamping again as the chances of me getting a visa again is very low. (Even after the current proclamation by the president expires) Is this accurate? Any help in this matter is much much appreciated. Me and my wife have been stressing over this for weeks now. Thanks.
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