Charged with PC 501(a) and PC 501(b), attorney got deal for PC-415

[Tranquility]

Hi All,

I am on H1b, got I-140 approved. I am charged with felony for PC 501(a) and PC 501(b) Insurance Fraud, attorney has agreed with DA to get me down to misdemeanor PC-415 disturbing the peace and no probation, after which the case will be dismissed. I have been booked for fingerprint and photo for this. I have never been in any trouble before this, this is the first charge against me. I'm aware about PC501 charge is CIMT and PC415 is not. My concerns are,

1. Should I take the deal for PC-415? 

2. What consequences should I prepare myself for H1B extension coming next year, if I take 415 deal?

3. What consequences should I prepare myself for H1B stamping in India, if I take 415 deal?

4. Will there be any issue if I try to switch jobs?

Me and my wife are having sleepless nights thinking about this problem, any advise or guidance is greatly appreciated. 

Please help.

Thanks

[cap-gap]

What kind of fraud and how much is it?? pleading  ignorance may not excuse one from judiciary consequences but if a true ignorance or a negligent signature on the dotted line is what caused these circumstances, you can present such facts during interview for consideration

[natan111]

5 hours ago, Tranquility said:

Hi All,

I am on H1b, got I-140 approved. I am charged with felony for PC 501(a) and PC 501(b) Insurance Fraud, attorney has agreed with DA to get me down to misdemeanor PC-415 disturbing the peace and no probation, after which the case will be dismissed. I have been booked for fingerprint and photo for this. I have never been in any trouble before this, this is the first charge against me. I'm aware about PC501 charge is CIMT and PC415 is not. My concerns are,

1. Should I take the deal for PC-415? 

2. What consequences should I prepare myself for H1B extension coming next year, if I take 415 deal?

3. What consequences should I prepare myself for H1B stamping in India, if I take 415 deal?

4. Will there be any issue if I try to switch jobs?

Me and my wife are having sleepless nights thinking about this problem, any advise or guidance is greatly appreciated. 

Please help.

Thanks

This sounds serious so let me make sure that you understand that I'm a random person on the internet and not an attorney. 

It depends on the facts of the offence. For immigration purposes it is the actual criminal act that matters. Certainly, a conviction of a felony is pretty much the end of your US immigration path, so a very minor misdemeanor like "disturbing the peace" sounds like a very good deal to me - on a SURFACE. But, again, what really matters is the actual facts behind the charges. So what actually happened?  Without describing the offence, it is very hard to tell what the immigration consequences might be. Insurance fraud is, as you acknowledge, an extremely serious charge. 

(I'm not a lawyer.)

Edited July 18, 2018 by natan111

[Tranquility]

14 hours ago, cap-gap said:

What kind of fraud and how much is it?? pleading  ignorance may not excuse one from judiciary consequences but if a true ignorance or a negligent signature on the dotted line is what caused these circumstances, you can present such facts during interview for consideration

I changed my auto insurance coverage after the collision and provided false date of the accident. Insurance company investigated my claim and sent the investigation officer to interview me in-person. On realizing my mistake, I cancelled the claim with the insurance company. So, I didn't take any money from insurance company but they did report this to the DA's office. I also provide my character letter to DA explaining my situation, my family background etc, on request from my attorney.

Edited July 18, 2018 by Tranquility

[Tranquility]

13 hours ago, natan111 said:

This sounds serious so let me make sure that you understand that I'm a random person on the internet and not an attorney. 

It depends on the facts of the offence. For immigration purposes it is the actual criminal act that matters. Certainly, a conviction of a felony is pretty much the end of your US immigration path, so a very minor misdemeanor like "disturbing the peace" sounds like a very good deal to me - on a SURFACE. But, again, what really matters is the actual facts behind the charges. So what actually happened?  Without describing the offence, it is very hard to tell what the immigration consequences might be. Insurance fraud is, as you acknowledge, an extremely serious charge. 

(I'm not a lawyer.)

@natan111, I changed my auto insurance coverage after the collision and provided false date of the accident. Insurance company investigated my claim and sent the investigation officer to interview me in-person. On realizing my mistake, I cancelled the claim with the insurance company. So, I didn't take any money from insurance company but they did report this to the DA's office.

My attorney defense attorney got the deal for misdemeanor for PC-415 - disturbing the peace, and pay $496 to the insurance company for their time and expenses for the investigation. 

[Provence]

I suggest listing the felony insurance fraud and misdemeanor disturbance on the ds160 application and the h1b interview. Give the CO the facts and let em decide. 

[Tranquility]

6 hours ago, Provence said:

I suggest listing the felony insurance fraud and misdemeanor disturbance on the ds160 application and the h1b interview. Give the CO the facts and let em decide. 

I don't think I can list both on DS-160, I'll only be charged with PC-415 if I take the deal. 

[xTDx]

Remember that you are asking  guidance for your criminal matter over internet. You should immediately consult an immigration attorney who can go in depth with your case and work with your existing attorney. As suggested above, on paper the disturbing peace charge looks way better than the CIMT charge of insurance fraud. However, if consulate asks for police report and they see an admission of guilt to police officers or somewhere else, you may be in trouble. Avoid travel as much as you can until you know what you are doing, which I am sure you do not at this time. 

This seems to me as a complicated matter. As @Provence suggested, for your future visa application , you can state the facts and let the consulate officer decide. There are strategies to what to mention on ds-160 to point officer to court documents instead of follow up questions like "did you do it ?". Your immigration attorney can suggest you that as well at a later stage.

The best thing to learn from this forum at this point is to work this out with an immigration attorney and your existing criminal attorney.

Edited July 19, 2018 by xTDx

[Tranquility]

4 hours ago, xTDx said:

Remember that you are asking  guidance for your criminal matter over internet. You should immediately consult an immigration attorney who can go in depth with your case and work with your existing attorney. As suggested above, on paper the disturbing peace charge looks way better than the CIMT charge of insurance fraud. However, if consulate asks for police report and they see an admission of guilt to police officers or somewhere else, you may be in trouble. Avoid travel as much as you can until you know what you are doing, which I am sure you do not at this time. 

This seems to me as a complicated matter. As @Provence suggested, for your future visa application , you can state the facts and let the consulate officer decide. There are strategies to what to mention on ds-160 to point officer to court documents instead of follow up questions like "did you do it ?". Your immigration attorney can suggest you that as well at a later stage.

The best thing to learn from this forum at this point is to work this out with an immigration attorney and your existing criminal attorney.

Thanks for the suggestion, I consulted with my immigration attorney and was asked to submit Court disposition letter if asked and not submit police report. My question here is, when asked about my case, would I be explaining about my original charges or only mention plea deal that I got?

[RMan12341]

On 7/19/2018 at 5:00 PM, Tranquility said:

Thanks for the suggestion, I consulted with my immigration attorney and was asked to submit Court disposition letter if asked and not submit police report. My question here is, when asked about my case, would I be explaining about my original charges or only mention plea deal that I got?

Hi I have the same question in head. Do we need to reveal the original charges or only mention plea deal.? 

Did you travel to India after the incident or had your h1b extension done after incident?

[Tranquility]

@RMan12341, I haven't travelled to India since my court case, I did get H1B extension done. I did not had to provide any case details for the extension on the official application but I did mention it in the questionnaire that my company attorney had sent for starting the extension application. Did you travel to India for your stamping? if so, how was your experience?

[dcrisou]

Hi ,

Just wanted to check with you @Tranquility and @RMan12341 what your experience was with traveling to India and coming back?

Also did you divulge the information to your company lawyer or hire outside council ?

Did this prevent you from changing jobs ?

 

These answers will help me a great deal and i would be very thankful.

[Tranquility]

@dcrisouI haven’t travelled outside US since my incident, I'm planning to travel next year and will be consulting with immigration attorney. I did manage to switch jobs and clear background checks as my case file was expunged. I worked with outside council throughout the process. Hopefully, things will work out with you. If you don’t mind me asking, can you share your story?