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Stranger2021

H1B visa Impact : Arrested for Domestic violence and convicted of PC 415(1) misdemeanor

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Unfortunately, two years ago me and my spouse has arguments and my spouse called cops and I was arrested for domestic battery case. We hired an criminal attorney and later I plead guilty to PC 415(1) misdemeanour after my criminal attorney made deal with the DA. My criminal attorney mentioned that PC 415(1) has no immigration consequences since it is NOT crime involving moral turpitude. The attorney said that PC 415(1) M, is disturbing the peace and even if a person plays loud music on some street he can be charged with that.

My H1B visa was revoked when I was arrested and since then I haven't yet visited my home country for stamping. Also, I am planning to get the case expunged this year. I have following questions :

- Does PC 415 (1) have any immigration consequences ? What are the chances of getting visa stamping again when I travel out of US. Will there be any issues in the port of entry back again after successful stamping ?

- Or do I need to wait till my case is expunged before I travel for stamping ? I have read in few forums that even if we expunge the record, the immigration officer will still have all my previous record.

 

 

Edited by Stranger2021

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