Conditional Dismissal - Assault Domestic violence Misdemeanor A


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Hi - I am charged with assault causing bodily injury violence to my wife in Texas. DA is offering Conditional Dismissal upon completion of Battered Intervention program and parenting class(not sure why) which would take 6 months to complete. My H1B visa extension is due in the beginning of 2021 and my employer file  in premium processing for it before my case is dismissed. Are there chances of RFE? Are there any chances of deportation?

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  • 2 weeks later...

RFE - probably not. 

Deportation would follow after you're found deportable. 

What was your plea? If you pleaded guilty - that's it. It's an extremely serious crime (CIMT) for immigration purposes. If the dismissal was conditioned on your guilty plea that's possibly the end of the road for you. If you did NOT enter a plea, you may be fine. 

For immigration purposes you may be still found inadmissible/deportable even if the case is dismissed. It's in their discretion. If you've committed DV and can't convince the IO otherwise that's the end of your American dream. 

Also:   As per the new EO anyone with a charge or an arrest on the record may be prevented from obtaining eligibility to work in the US.  

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  • 4 months later...

Hi Natan - Sorry for the late reply. There was no plea. Infact, I never met the prosecutor or the went in front of the judge. My attorney discussed with the prosecutor and my attorney just asked me to complete the courses and produce a certificate and the based on it, my case will be dismissed. I will be applying for my H1B visa extension after my case is resolved. 

Kindly let me know if there would be any issues related to visa renewal or deportation based on this.

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  • 5 weeks later...
  • 2 weeks later...

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