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falconspyder

Domestic violence 273.5(A) and VISA revocation

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Hi,

Me and my wife got into a unfortunate event and next day wife had annual physical check-up and when asked if she is feeling stressed, she told the nurse about the details and they called 911 and cops picked up me outside my apartment and in the confusion I confessed everything to the cops. My wife kept requesting cops that she doesn't want to press charges against me but they said she doesn't have a choice.

I was arrested on Domestic violence 273.5(A) - Felony and currently out on bail and waiting for arraignment. 

I would be thankful if anyone could answer below questions.

1. What are the changes my H-1B VISA stamp will be revoked once the case gets filed?

2. I've a H-1B extension in next 3-4 months. Will the arrest will have any impact on my extension?

3. I know I messed up by confessing to the cops. This is my first offense, what are my chances getting felony reduced to a misdemeanor or infraction?

I feel my life went upside down in a day and all the hard work I did for 12-15 years went into drain due to my own mistake. Do not step over line.

 

Edited by falconspyder

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It is of paramount importance that you  hire professional immigration attorneys who can work with your criminal attorneys and work out the best possible strategy for your case. I will not say anything else. This is the best suggestion that I can offer.

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Get in touch with a lawyer immediately and involve an immigration attorney as well ASAP. This is a serious offence and can have immigration consequences. This is not the time to rely on forum advice.

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10 hours ago, xTDx said:

It is of paramount importance that you  hire professional immigration attorneys who can work with your criminal attorneys and work out the best possible strategy for your case. I will not say anything else. This is the best suggestion that I can offer.

 

7 hours ago, giri26 said:

Get in touch with a lawyer immediately and involve an immigration attorney as well ASAP. This is a serious offence and can have immigration consequences. This is not the time to rely on forum advice.

Thanks XTDX and GIRI26.

I hired a criminal lawyer who has some knowledge about immigration. He said there is some randomness to revocation following arrest but typically he didn't see it with domestic violence arrests. He says usually the revocation happens in 1-2 weeks post arrest and mostly it happens to DUI/DWI cases. But he says revocation can happen anytime and there is no fixed timeline.

When I talked to my company's immigration attorney who will be working on my H-1B extension (not yet filed), they said H-1B extensions should be fine with the arrest but they need to tell the company and manager about the possible issues with VISA stamping when I go outside USA. 

I'm also planning to talk to an external immigration attorneys who can give some guidance about my immigration.

Edited by falconspyder

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23 hours ago, falconspyder said:

1. What are the changes my H-1B VISA stamp will be revoked once the case gets filed?

Most likely.

2. I've a H-1B extension in next 3-4 months. Will the arrest will have any impact on my extension?

I had my H1B extension and PERM approved while case was still in-progress.

3. I know I messed up by confessing to the cops. This is my first offense, what are my chances getting felony reduced to a misdemeanor or infraction?

I feel my life went upside down in a day and all the hard work I did for 12-15 years went into drain due to my own mistake. Do not step over line.

You and your wife both need lawyers and follow lawyers advice. It all depends on if prosecution has enough evidence to prove the crime beyond reasonable doubt.

 

 

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It will not help you now but I wish most people knew that nothing comes out good from talking to police. Ever. I am not saying that one should hide the truth, I am simply saying that you don't have to say that to police right there when everybody is under stress . However, that's what happens most of the time. We all are humans. Mistake  happens and its all a learning experience.   Again, you should only be talking to professional attorneys before you make a decision because there is no point of making a decision if one doesn't know all he pros and cons of making one.

Edited by xTDx

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Sorry to know that you were loosing a job just because of a charge. It is rough phase of your life , face it with courage, this will pass too. But in midst of all these , do not get stressed , get yourself a professional attorney to represent you. don't just try to run away from this situation

You may get better job in future, this is NoT the end of everything ...have patience, be positive and think positive, may be few months down the line, you will be in far better situation - that's all I would suggest now

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@falconspyder

if your current employer terminated your job you still valid i-94 for another 3 months.

can you use 60 days grace after the job terminated date and find a new job.

once your new employer files a case you get a receipt number with which you can work and get this sorted out with your case trail with court, if you are convicted then only you have a felony.

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