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troubleduser22

Domestic Violence no charges Visa Revoked

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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A week later, I got an email from the  embassy saying that my visa was revoked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.

Edited by troubleduser22

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Sorry to hear about the case. Best advice will come from immigration attorney regarding visa/stamping and from criminal defense attorney regarding how long before case will be sealed/expunged

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well, apparently your visa has been revoked and the consulate sent USCIS and ICE notification of this action....so what do you think will happen when ICE finds you working without permission? Or even staying in the US? 

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Revocation of the visa, in this case, does not nullify the existing I94 and the OP can continue to stay and work. If he leaves, he will need a new visa.

The OP needs a consult with a Lawyer based on whether the case was dropped due to lack of evidence in which case the clever consul chap jumped the gun. 

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On 7/24/2020 at 2:46 PM, Noah Lott said:

well, apparently your visa has been revoked and the consulate sent USCIS and ICE notification of this action....so what do you think will happen when ICE finds you working without permission? Or even staying in the US? 

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.

 

2 hours ago, pontevecchio said:

Revocation of the visa, in this case, does not nullify the existing I94 and the OP can continue to stay and work. If he leaves, he will need a new visa.

The OP needs a consult with a Lawyer based on whether the case was dropped due to lack of evidence in which case the clever consul chap jumped the gun. 

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

Edited by troubleduser22
adding additional question

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