Police arrest effect on GC I140 approval

[indrale]

Hi,

I need urgent help. Could anyone help me out here?

I have been in US for the last 6 years. My I-140 is in progress. I just applied for H1 extension for 7th year.

Today My wife called the Police to threatened my mother (Daughter-in-Law _ Mother-in-Law problem) police came and arrested me and told me if at all I can say anything, that could be at the police station. I was arrested under domestic violence. After my wife called the police station, they let me go. But they took my name, address, SSN, photo and full finger prints (all fingers of both hands). Also I need to appear on the court coming Monday.

My question is, will it affect my GC process? I am just worrying. Pls help.

Thanks in advance.

[BigJoe5]

It appears that the case may not be resolved yet.

You must disclose this incident to USCIS regardless of the outcome. Concealment of a significant fact can be the basis for denial all by itself and is especially poor judgment when actual honest disclosure will not prevent adjustment. The question of whether the incident would be considered "material" is somewhat an abstract concern or "grey area".

Failure to disclose information that cuts off a material line of inquiry will be held against you.

To be considered material, the misrepresentation must be one which "tends to shut off a line of inquiry which is relevant to the alien's eligibility, and which might well have resulted in a proper determination that he be excluded." Matter of Ng, 17 I&N Dec. 536, 537 (BIA 1980).

The case may be thrown out. There could be some "anger mgmt" classes or therapy or an informal probation...whatever.

It undoubtedly feels and seems worse than it probably is. IF there is any restraining order issued make sure not to violate it because THAT will get you deported.

[JoeF]

You should discuss the details with a good immigration lawyer, if just to make sure you are on the safe side.