If i get convicted for dv misdemeanor

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Hey guys,


Trying to prepare for the worst, can I stay in usa on h1b  if I get convicted for misdemeanor assault and battery on a family & household member?

I might have to go to trial on this, I haven't made any statements to the police, no injuries, no 911 call except the victim might exaggerate when testifies at Trial.

We have a custody battle going on and charge is Assault and battery on family member 265.13 M and Reckless endagerment of child 265.13L( in MASS)

I am really worried about getting deported and not being able to see my son forever.

Victim wants me out of the child's life and she might cooperate with the DA's office and completely exaggerate her version of events. 

My question is it possible to stay in USA on h1b and naturalize later with a DV conviction and do I get automatically deported once I get conviction after jury trial?



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I did consult with Legal counsel and I have hired the best I can afford. I am hopeful to win this if it goes to trail as it is extremely hard to lie when you get cross examined and child's name was involved to gain upper hand in custody. But I would like to be prepared for the worst.

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  • 1 month later...

Rule is simple arrested does not matter. if case dismissed unconditionally--meaning you did not have to go through any program or ACD without any kind of community service etc....STRAIGHT DISMISSSAL you are safe...for rest one needs an attorney...pre-trial diversion needs an attorney to fix. jail time over 1 year probably will cost TONS to fix.

Anything under Felony-- like mini misdeminor an attorney might be able to save you. BUT SINCE DV IS A CRIME OF MORAL TURPITUDE---- and if its very very serious LIKE NOT IN THE HEAT OF THE MOMENT--- even attorney might have problem to save...

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