Wisconsin - Arrested for DV Misdemeanor, DA did not press any charges, However Police officer issued a Disorderly conduct citation

[Supa88]

Hello Friends,

I am on H1B (currently waiting for extension and have an approved I140) and in a very difficult situation here and hoping that some of you can help answer my questions.

I live in WI and was arrested for a DV Misdemeanor. My wife and I had a argument and one word lead to another. In the heat of moment she ended up calling 911 and Police showed up shortly afterwards. They interrogated both of us separately and eventually decided to arrest me. My wife told them that she just wanted them to warn me and she does not want them to arrest me but Police did not listen. I was taken to the police station where I was finger printed and photos were taken. I paid the bail amount and returned home after 3 hours.

After 2 days, my wife got a call from district attorney and the lady on the other side mentioned that the state is not pressing any charges against me. That was a relief. But then the police officer who arrested me showed up after 2-3 days and issued me a Municipal citation for disorderly conduct (947.01). Appearance in the court is NOT REQUIRED. Can someone clarify below points for me?

1. I read that disorderly conduct (947.01) in WI is considered as a class B misdemeanor. Will this still be considered as a CRIME OR this is just a non traffic citation?

2. Officer told me that I should still appear in the court as I might get a plea deal or something, Should I plea NOT GUILTY, take this to a trial and try to get this dropped? OR I can just plea GUILTY and pay the fine amount?

3. Will all this in any way affect my Employment Background Checks, Immigration status, H1B extensions or VISA stampings in India going forward? can this be treated as a CIMT and make me inadmissible in any way?

4. I have a copy of the police report with the court supplement which says that the DA did not press any criminal charges. Do I need to carry any other document everytime I travel outside of USA? I am going to send a form to WI department of Justice to remove the arrest records which will also remove records from FBI.

Thanks in advance !!

Edited June 14, 2020 by Supa88

[natan111]

1. It's a crime. Different states classify infringements like parking tickets differently. But a misdemeanor is definitely a crime. 

2. Hire a criminal attorney and state that you're an alien. Not guilty plea would be ideal IMO but the lawyer will know better. You should totally appear at the court (unless your attorney disagrees)! If for nothing else, you'll be able to ensure you get all the documents from the case. Paying the fine online or whatever is an automatic guilty plea.

3 (a). If you plea guilty you are guilty. For immigration purposes you may be guilty even if you don't enter a plea. So yes, it will definitely have an impact on all of your immigration processes. But most likely it'll be a *small* impact, limited to having to collect all the documents from the court. 

3 (b). It can be a CIMT. If the IO is convinced that your crime originated from DV it will be the end of your American dream. That's why you should hire a criminal attorney and make very sure that no DV elements exist in the narrative of the case. If they do, get the best immigration and criminal lawyer in town because CIMT = death of your American dream. Any element of DV can be considered CIMT. 

4. Do not get your records sealed ("removed") ! This is gonna cost you more than you think. You NEED all the documents and the record to be as visible as possible. If you seal your records, you won't easily get them when you need them and your immigration case may be ruined. The government has full visibility of all the records already, whether you "remove" them or not. The arrest record is the most important document that you will need until you become a citizen. It is absolutely precious. You may need the original for visa stamping but probably not for other travel. I would carry a copy when traveling and also make sure that someone can mail the original if needed.   

Also:   As per the last EO any alien applying for eligibility to work in the US may get disqualified if they have an arrest on the record (regardless of the plea, conviction, etc) or a charge. It's not clear if the "charge" means the police or the DA's charge. In any case, if the Secretary follows the EO you may lose all your immigration benefits. 

 

Edited June 24, 2020 by natan111

[Supa88]

On 6/24/2020 at 3:31 AM, natan111 said:

1. It's a crime. Different states classify infringements like parking tickets differently. But a misdemeanor is definitely a crime. 

2. Hire a criminal attorney and state that you're an alien. Not guilty plea would be ideal IMO but the lawyer will know better. You should totally appear at the court (unless your attorney disagrees)! If for nothing else, you'll be able to ensure you get all the documents from the case. Paying the fine online or whatever is an automatic guilty plea.

3 (a). If you plea guilty you are guilty. For immigration purposes you may be guilty even if you don't enter a plea. So yes, it will definitely have an impact on all of your immigration processes. But most likely it'll be a *small* impact, limited to having to collect all the documents from the court. 

3 (b). It can be a CIMT. If the IO is convinced that your crime originated from DV it will be the end of your American dream. That's why you should hire a criminal attorney and make very sure that no DV elements exist in the narrative of the case. If they do, get the best immigration and criminal lawyer in town because CIMT = death of your American dream. Any element of DV can be considered CIMT. 

4. Do not get your records sealed ("removed") ! This is gonna cost you more than you think. You NEED all the documents and the record to be as visible as possible. If you seal your records, you won't easily get them when you need them and your immigration case may be ruined. The government has full visibility of all the records already, whether you "remove" them or not. The arrest record is the most important document that you will need until you become a citizen. It is absolutely precious. You may need the original for visa stamping but probably not for other travel. I would carry a copy when traveling and also make sure that someone can mail the original if needed.   

Also:   As per the last EO any alien applying for eligibility to work in the US may get disqualified if they have an arrest on the record (regardless of the plea, conviction, etc) or a charge. It's not clear if the "charge" means the police or the DA's charge. In any case, if the Secretary follows the EO you may lose all your immigration benefits. 

 

Hi Natan111,

 

Thank you very much for your replies,

1. I contacted the court clerk where I am supposed to pay the $1000 file for disorderly conduct, Its a municipal court and the clerk mentioned that the disorderly conduct is not a CRIME, its a city ordinance. Also on the court website, its mentioned that the court deals with non criminal offenses. That being said, If there is no CRIME and no conviction (DA did not press charges & Citation is a city ordinance), Can this all still result in inadmisibility?

2. I contacted a criminal lawyer and he also mentioned that its not a CRIME based on what I explained to him. He said he can still fight the ticket for me but the legal fees will cost me more than the fine. I plan to plea not guilty in the municipal court and try to reach an agreement myself.

3 (b). USC act 8 1182 (2)(a)(i) says that "any alien convicted of, or who admits having committed" CIMT OR Violation of controlled substances becomes inadmisible. So if there is no CRIME in my case, will this still apply?

4. I was really planning to get all the records removed from DOJ and FBI but now that you say this I think Police report is what matters the most for the VO at consulate or CBP officer at POE to determine whether to allow me or now. 

I will read more about the EO signed by Trump.

[Supa88]

Update:

I have successfully received an H1B extension based on my approved I140.

[eagle4]

On 7/2/2020 at 9:05 AM, Supa88 said:

Update:

I have successfully received an H1B extension based on my approved I140.

congrats on H1B extension! Was there a question in the extension form asking about arrest record ?

[Supa88]

On 7/21/2020 at 12:46 PM, eagle4 said:

congrats on H1B extension! Was there a question in the extension form asking about arrest record ?

@eagle4My employer prepared the petition so I am not 100% sure but from what I know extension/ transfer petitions does not have any questions related to arrests.