Assault Bodily injured Family Violence case

[Poori1811]

Hello - Me and my Husband had a heated argument and unfortunately he  called  police and they arrested me and my husband bailed me out same day  I'm on H4 visa  .will i face any deportation if i proved guilty my husband is ready to drop the charges but investigating office said he cannot drop the charges as bodily injury is visible so we had to appear in court  and request judge to drop the charges itseems  . also my husband is on H1B visa will he faces any deportation or any future visa issue ?Please help. it was all happened in fraction of 5-10 mins anger .both me and my husband leads a happily life but this unfortunate situation giving us nightmare 

 

[JoeF]

Domestic violence is a very serious issue. With injury, this is likely not the first time. Get marriage counseling.

 

[Poori1811]

Can someone  please help me out on this topic 

[pontevecchio]

Get a Good lawyer.

[deep4228]

As everyone suggest get a good criminal defense lawyer.Probably look someone who handles lot of cases in court that you are summoned.

The best result will be dismissal/dropping of charges.So, try for it , given your husband is ready to support you.

Your husband will not have issues with his H1.

You will be Ok as long as you are not convicted.

[natan111]

Yes, this is very serious and can make you inadmissible or even deportable. Domestic violence can be considered aggravated felony by USCIS. It is not enough to just get the case dismissed! You have to have it dismissed for immigration purposes which means: 1) no plea or plea innocent must be entered,  2) no punishment of any kind must be imposed, 3) no conditions of any kind must be imposed, 4) you don't admit to any facts suggesting that the offense was committed (i.e. you have to be IN FACT innocent). What you need is pre-trial diversion. 

 From your story it does not sound like this will be an easy case for you (you pretty much admitted to DV involving body injury). Your husband not pressing charges doesn't mean much. Get a very good criminal lawyer who could convince the DA (the state) to drop the charges and put you in pre-trial diversion. In most states pre-trial diversion will result in no conviction for immigration purposes and you'll be saved. You probably should not agree to any other outcome apart from outright dropping of the charges by DA (or police...). NOT A LEGAL ADVICE - get a lawyer!

[billrider321]

Natan - With a dismissed case and not falling under any of the 4 condition. Can you still go for naturalization if the case happened in less than 5 years or should you wait. Like to see what everybody thinks about it.

[natan111]

On 5/10/2018 at 8:19 AM, billrider321 said:

Natan - With a dismissed case and not falling under any of the 4 condition. Can you still go for naturalization if the case happened in less than 5 years or should you wait. Like to see what everybody thinks about it.

Yes. If the case was dismissed for immigration purposes (and otherwise dismissed) you can naturalize regardless of when it happened - unless you admit certain facts of the crime not previously considered (i.e. you admit that you committed the crime). There is no max number of arrests you can have, even during the period of Good Moral Character. Without a conviction for immigration purposes one should be good to naturalize. That said, having multiple arrests, even without a conviction for immigration purposes, may raise a red flag. Also, if multiple arrests are ALCOHOL RELATED one can still face inadmissibility or denial of naturalization on medical grounds (even with no convictions). Again: I'm not an attorney and this is just my opinion, not a legal advice.  

[billrider321]

Thanks for Reply. 

In texas now a days they dont ask you enter into  Pre trial arrangment, it some thing worked out with prosecutor and DA's office. In my case I did not sign any document agreeing to crime nor any punishment imposed.

But on my disposition it states as below

 

Assault family violence is dismissed for the reason, It has checkmark on other box,

The defendant has successfully completed anger management and 10 hours of community service, Wherefore it is prayed that the above entitled and numbered cause be dismissed.

 

  1. It was not court ordered.

2. I did not sign any sworn document agreeing to any plea. P

[natan111]

On 5/11/2018 at 8:07 PM, billrider321 said:

Thanks for Reply. 

In texas now a days they dont ask you enter into  Pre trial arrangment, it some thing worked out with prosecutor and DA's office. In my case I did not sign any document agreeing to crime nor any punishment imposed.

But on my disposition it states as below

 

Assault family violence is dismissed for the reason, It has checkmark on other box,

 

The defendant has successfully completed anger management and 10 hours of community service, Wherefore it is prayed that the above entitled and numbered cause be dismissed.

 

 

 

  1. It was not court ordered.

 

2. I did not sign any sworn document agreeing to any plea. P

 

That should be okay then. If you didn't do the community service, what would have happened? Would you have to plea guilty? Would the charges have been filed in court? If the latter, you're probably fine.

Edited May 15, 2018 by natan111

[hindi_eng]

Stop bitting your husband! 

Get a really good attorney, consult immigration lawyer and if possible have conference between criminal and immigration attorneys, so they can decide what will be best outcome for you. 

Remember  not all criminal attorney are aware about the immigration rules so having both communicating with each other will help your case. 

[billrider321]

Just wanted to do a quick update. At POE there was no issue, my case is GC holder with dismissed DV case. No secondary inspection. Please share any inputs,  I wanted to share for the community which is great here

[gmb_michigan]

On 6/29/2018 at 10:39 AM, billrider321 said:

Just wanted to do a quick update. At POE there was no issue, my case is GC holder with dismissed DV case. No secondary inspection. Please share any inputs,  I wanted to share for the community which is great here

was your case dismissed with diversion program and just on pretrial. Thanks!