DV violation of protection order and impact on H1 renewal

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I would like to give some background before asking for advice.

I had an unfortunate DV incident with my spouse in August 2022 leading to an arrest and I was convicted for a Misdemeanor: PC415 (2)-MISD-Disturbing the peace by loud noise I was served with 1 year of DV restraining order to maintain peaceful contact with my spouse and probation ended in November 2023. 

While I was serving the probation. Both my spouse and I decided to go for an uncontested divorce. I started staying at a different place and were negotiating about the terms of divorce. In December 2022, I went to my home to pick my remaining items and I was not aware of the Civil standby process where I could have requested cops to present in the home during this time. So, I went home alone and that was the time my spouse called the cops on me again. 

Cops arrested me for violation of DV peaceful contact order, as they believed there was a verbal argument (as per police report) which never happened and this is a ground for violation of protection order. While I showed the email proofs to cops and DA, that I was staying out of home and we were negotiating on divorce settlement but nothing helped. In nut-shell, it was a setup from my spouse and she took revenge for divorcing her. 

I was later convicted for a Misdemeanor:pc 166(c)(1)-MISD-contempt of court due to violation of protection order and served with 1 year of DV restraining order (no contact).  I paid the court fines, fulfilled all terms and conditions of court order and probation ended in Feb 2024.

In April 2023, I travelled to India upon returning, I was taken for secondary at the port of entry. In May 2023, I received an email from the US consulate that my H1B visa travel document is revoked effective immediately as of 28 April 2023 unless I am physically present in the US at this time, in which case, Revocation will be effective immediately upon departure from US.

My divorce case is settled now. I also explained the DV situation to my employer and company immigration law firm. They are okay to start the H1B extension.

I would like to understand, what is the impact of the above violation of protection order (pc 166 c1) during H1B extension? 

Will there be any RFE during H1B extension? Will the H1B extension go through? What documents shall I show during the RFE?

Any help/suggestions please if some one faced similar situation.

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  • 2 weeks later...

You will have problem only during visa stamping and Naturalization.  Talk to immigration attorney before applying for both. Both 

Up to 90 days in jail and/or up to $400

  • custody in county jail for up to six months, and/or
  • a maximum fine of $1,000.

A single conviction of a CIMT can make a noncitizen deportable, but only if (1) the offense carries a maximum possible sentence of one year or more, and (2) the person committed the offense within five years “after the date of admission.”6 Stated another way, to avoid becoming deportable for one CIMT conviction, either the offense must have a potential sentence of 364 days or less, or the person must have committed the offense more than five years after the date of an admission, or both. A conviction always is required for the CIMT deportation grounds; admitting the conduct will not cause deportability. Being convicted of an offense that is not a CIMT does not affect this analysis; only CIMTs are counted.

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