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ganesh.achary@gmail.com

Harassment and Disorderly conduct will it affect my H1B status

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Hello all,

My VISA - H1 B

My wife VISA - H4

 

Me and my wife had an argument. It was loud and it was audible to the neighbors.

During the course of argument I hold her from her back and asked her to stop yelling else i would kill her (that time i was in kitchen cutting vegetables and i had a knife in hand), and she also has put hot indian chilli powder and dirty kitchen water into my eyes. Finally i asked to leave the house. She went into neighbors house crying and she explained what has happened.

 

Neighbors called the police and took complaint from the neighbors and my wife and they arrested me.

 

They took me to the police station (they did not put me in jail), they took finger prints, photo and then i had a conversation with a judge online (Video) and he asked me to leave with out any security deposit but on one condition that i should not talk to my wife.

 

Charges filed against me

1. 2701 a3 - Simple Assault by physical (M-2)

2. 2706 a1 - Terrorist threats (M-1)

3. 2709 a1 Harassment (Summary)

4. 2709 a4 Harassment (M-3)

5. 907 a Possessing instruments of crime

 

My wife didnt knew what was happening as she didnt knew the consequences of this on VISA and GC.

 

The very next day she went to the police and asked them to withdraw the case as she didnt want to put me in trouble. She gave one more statement that she was not in senses while writing the complaint and it was not exactly happened. Police refused saying its already been sent to judge for trial but they just took her next statement and asked her to leave.

 

Now me and my wife appointed lawyers, we both are on the same page that we need to come out of this and stay happy together.

 

Both the lawyers are trying hard to get this case dismissed as my wife will not testify in the first hearing.

 

My lawyers gave me the possible outcomes of this situation (Hearing on Aug 19th, 2014)

 

1. The case will be dismissed as your wife will not testify

2. If the case is not dismissed then my Lawyer will try hard to get these charges reduced to 

    a. 2 Harassment Summaries

    b. 2 Disorderly conduct

    c. With one year probation

 

1. I need help in understanding what will happen to my H1B and GC in both the cases.

2. ls there a chance that i will be deported in either of above 2 situations

3. I have my visa approved till Nov 2016. But if i want to go to India i need to get it stamped. Will there be any issues while VISA interview.

4. My lawyer read some books and told me that Harassment summaries and Disorderly conduct doesnt have any affect on VISA. Is it true?

 

Please help me.

 

Thanks

Ganesh 

 

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My parents were there during this incident happened.

My wife started behaving very weird after my parents came to USA for vacation.

Before that we were very happy. No issues at all.

She didnt like them and daily she use to quarrel with me. And one bad day i lost my patience.

Now that i sent my parents back to India.

 

First we want to get out of this.

Anyways we will decide whether to go back to my place in India or not or the DA will decide on this.

I need suggestions here how to get out of this.

 

I have appointed immigration attorney, and will be talking to him tomorrow.

 

I also went to anger management classes and my criminal attorney has got a letter from Anger management classes so that he can show it to DA on the first hearing, saying that his client is not sitting idle to get this case dismissed rather he is getting these classes and has changed a lot now.

 

Advanced members .. i just want to know .. u might have seen such cases(Domestic Violence) before in this forum.. Please suggest me how was it solved, so that it will give me some idea.

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Get a criminal defence attorney and an immigration attorney. Make sure you do not get a conviction. Try to get a misdemeanor or less and negotiate for a community service, fines,classes etc. They will send you to anger management and some other classes etc which will be expensive and annoying but you would have to do them to come out of this.

 

Also since this is your first time, the DA may be accommodating but if there is a second call for DV ( for any reason , true or false) , you will be going in Jail for a long time. So better to get a Divorce in the long run ..

 

Do not worry about spending money now. It will be expensive to come out of this and DV and DUI  are a big industry in US. There will a lot classes , fines etc that will need to be done before you are judged "a guy with a good moral character" . This will go into your records and mostly the background checks will show this ...

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If what you are saying is the truth then you are at no fault. Heated arguments are very common between married couples. This was just unfortunate. Your wife needs anger management more than you.

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Thank you for the suggestions.

I appointed a Immigration attorney also. My criminal lawyer, immigration attorney, and my wife criminal lawyer all are working together and are on same page to get us out of this.

Also i started going to Anger management classes.

 

My case hearing is on Aug 19th and i will update what has happened after hearing.

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My first hearing is completed.

This is what happened.

please suggest me if anything that i can do here.

 

My wife didnt testify in front of the judge. She took her 5th amendment privilege not to testify against me.

Judge didnt force her to testify as he didnt have the rights to force her.

He told he will dismiss this case on Sep 2nd if this case is not filed to the next level court.

But the prosecutor attorney(who fights for the govt) requested judge for 2 weeks of time so that he can push this case to the next level court and request the higher judge to not allow my wife to take the privilege of 5th amendment so that she will be forced to testify.

 

Now this prosecutor was not a full attorney. He was an intern. So he doesnt have the authority or rights to take this case to higher court or judge. He has to get this done by requesting an another attorney who has the rights to do it.

 

 my attorney and my wife attorney told that he cant move the case further so it will get dismissed. Even if he plans to move it they will come to know about this and they told they will try to negotiate for summaries before going to next level court.

But i am still afraid that the case might move to next level court.

If it moves then i have to plead guilty for the summaries (reduced charges)

 

Is there anything that i can do at this point of time to make sure that the case is not moved to next level.

Can me or my wife talk to the intern prosecutor personally and request him that our lifes will be spoiled if the case is moved to higher court.

 

My only wish is if the case is not moved to higher court then it will be dismissed for sure as the judge told it by himself.

 

Please suggest.

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you have to pay for what you done. From the episode it seems you are guilty indeed . 

First thing you should be doing is to get rid of your wife, if she cant tolerate parents , its better to get divorce asap .

Send her back to India and file divorce in India . Now if she comes in india the cases will not stand .

Domestic argument is quite common with police called to settle score , but as you were showing knife to your wife , its altogether an different case.

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you have to pay for what you done. From the episode it seems you are guilty indeed . 

First thing you should be doing is to get rid of your wife, if she cant tolerate parents , its better to get divorce asap .

Send her back to India and file divorce in India . Now if she comes in india the cases will not stand .

Domestic argument is quite common with police called to settle score , but as you were showing knife to your wife , its altogether an different case.

Bad advice. Just one episode does not qualify to divorce one's wife. Every one has their bad moments. If one incident is enough for a  divorce there would be more single person in this world.

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Domestic violence is a very serious matter in the US. That the victim doesn't want to testify is not unusual, since there may be threats, even if not explicit.

There is no excuse for the things you said.

You need to learn to behave like a human being. Threatening to kill your wife is never acceptable, nowhere in the world.

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You need to learn to behave like a human being. Threatening to kill your wife is never acceptable, nowhere in the world.

 

 

yah..thats why i suggested they both go back to their villages..as they do not deserve to live in the US which is a very civilized society.

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vow!!! Advising to divorce??? I would like to know, how many of these advisors have at some point of time lost their patience and uttered somethings that they didn't mean? So, let the person solve his legal issues and members with "holistic" minds, please refrain yourself from commenting or advising him on his personal life. This forum is to provide legal advice and not family advice. 

@ganesh.achary, I think you have done the right thing by reconciling with your wife and hiring an attorney. I would suggest taking advise from an immigration attorney like Murthy, once you have a bit more clarity on where this case is heading. Also, keep in mind to never indulge in anything that could affect you so badly like this one. Good luck!

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vow!!! Advising to divorce??? I would like to know, how many of these advisors have at some point of time lost their patience and uttered somethings that they didn't mean? So, let the person solve his legal issues and members with "holistic" minds, please refrain yourself from commenting or advising him on his personal life. This forum is to provide legal advice and not family advice. 

@ganesh.achary, I think you have done the right thing by reconciling with your wife and hiring an attorney. I would suggest taking advise from an immigration attorney like Murthy, once you have a bit more clarity on where this case is heading. Also, keep in mind to never indulge in anything that could affect you so badly like this one. Good luck!

 

"Losing patience" and "threatening to kill somebody" are two rather different things.

It is sickening how some people like you try to excuse the OP's behavior. Even if you "lose your patience", you don't threaten to kill somebody. Period.

This is the 21st Century, not the 18th.

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Guys(who all advised me to apply for divorce) ..

Cool down.. There is no necessary for me or my wife to apply for Divorce.. We are now back to life and staying together again with out arguments and trying to get out of this and trying to be happy ..

It was a heated argument. We both know each other that after such kind of arguments .. End Of the Day we are together..

Just that it was a bad day for both of us..and unnecessarily neighbors got involved ... 

I was in kithcen with knife in hand and was cutting vegetables so in anger i showed her knife to make her shut her mouth and be calm and end this argument..

If i was watching TV .. a remote would have been there in my mind .. if i was on call a phone would have been there ..

It was my bad luck that i was cutting vegetables..

For ex: If your wife keeps buying unnecessarily lot of clothes with your  credit card .. one day you would shout at her and would say 'I will kill you if you buy any more clothes this month' it doesnt mean u will kill her .. its just another way of saying..

 

Also we appointed lawyers and i am spending all those dollars for both of us to save our lives..if anyone of us gets punished or goes to jail both lives are spoiled..even if we get divorced both lives are spoiled.. rather we wanted to be happily together and we are fighting for that and we will win..

 

Between somebody told that this is a civilized country and society.. go and read news paper dude .. u can see more worst people in this civilized society..I never had any intention to kill her .. i just threatened her in that situation to shut her mouth .. Remember i would never ever do that to keep my life in trouble.. for me my life is important than anybody life and i know what will happen to my life if i kill somebody..

 

Everybody should look for solutions that is keep the families, and bonding together .. here people are suggesting to get divorced ..

 

I am extremely dissatisfied with your opinions on my personal life.. here we are discussing the solutions for legal issues..

 

Thanks for people giving me suggestions for good things..

I spoke to immigration attorney .. suggested by my criminal attorney and they said i am safe as of now related to my visa.

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If what you are saying is the truth then you are at no fault. Heated arguments are very common between married couples. This was just unfortunate. Your wife needs anger management more than you.

 

Well said OP and as you can see from my first post, I said the same thing.

 

Although I still suggest your wife needs to get it, so she doesn't repeat this again. She needs to understand that the laws in this country are strict and she could ruin multiple lives by being stupid.

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Between somebody told that this is a civilized country and society.. go and read news paper dude .. u can see more worst people in this civilized society..I never had any intention to kill her .. i just threatened her in that situation to shut her mouth .. Remember i would never ever do that to keep my life in trouble.. for me my life is important than anybody life and i know what will happen to my life if i kill somebody...

 

Sure there are bad people out there, and they get punished in this country, that's why you read it in the papers.

And while you can now say you "never had any intention to kill her", that's what all the wife killers out there said as well. At some point, they likely do kill their spouse. A decent person doesn't even have the thought of killing his or her spouse, a decent person would not even say anything like this, even if the person claims he "never had any intention to kill her."

You need anger management counseling at the least.

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JoeF, Nobody is giving excuses to OP's behavior. I suppose we are grown enough to categorize and understand what is relevant in this forum. If you don't, then I really think you should go and give your advice in some family counseling forums. This is a forum for legal advices, especially related to immigration. Nobody needs your advice or counseling on how one needs to run his/her families. if everyone were a saint like you, then there would not have been any need for any kind of forums at all :-)

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For OP:

 

Couple of things stand out: 

 

1. Was the argument in English or in your native language? If it was in your native language, do any of the neighbors understand that language? Reason is some expressions are figurative in Indian languages and a literal translation to English will often distort the meaning.Bring this up with your criminal lawyer.

 

2. Usually, even in DV cases, when the parties are married a judge generally does not force one party to testify. In fact, if things are the way you say they are, your wife has every right to plead the 5th. To emphasize the point you might want to press charges (civil or criminal) against your wife. A pending litigation might make the DA rethink about forcing to testify.

 

Without reference to this specific case, I am wondering what happens when a judge forces a person to testify and the person end up incriminating himself/herself. Any comments from an attorney?

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JoeF, Nobody is giving excuses to OP's behavior.)

 

Well, you are, with your post. I suggest entering the 21st Century.

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Ganesh , 

I tried to show you the reality. She was not happy with your parents , you were  cooking food for all (it shows your soft side) and in fit of anger you showed her knife with no intention of killing her. Neighbours called Police, charges were slapped on you. Your wife is on strong wicket , she is victim here and can easily avail of witness protection , thereby state protection. I wish you come out of this mess with no major loss . 

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