CA - Arrest - Charge dropped - H1 stamped!!!

kab_ayega_gc

Registered Users (C)
Dear All

Owing it to this forum and great site I would like to share my experience to others's help.

I was arrested for Domestic Violence Californai PC 243e1. No physical marks or injuries. In CA they have to arrest 911 call involving spousal disputes or arguments or fights. Thanks to O.J.!!

I released myself on bail. Then hired lawyer Charles B Smith in South Bay (very professional, definitely recommend him). Its either him or Hanuman Chalisa, my charges were dropped. DA did not file any case against me.

Later they issued me "Detention Only" and "Not Arrest Cert" as per CA PC 849.3 or 851. I just love the legal system here. Have been on H1 for 7 years and this was my chance to know the legal system lil bit. I take it positively. And It was not my spouse it was me who dialed 911. So I am to blame for the arrest.

Went to India for 3 year H1 stamping based on I-140 approval. Mentioned YES to arrest question on DS-156. Got the visa stamped fine. CO (was an American lady) did ask me what kind of arrest I had declared on the form. I told limited 2-line facts and Nothing more. This was in Dec 06. Got passport with stamped visa same day across VFS counter.

Changed the employer since then. Got 3 more year extension recently based on previous employer's approved I-140. Went for stamping again recently (3 weeks back). Answered yes to arrest question. And got stamping again. This time no questions regarding arrests. In fact the lady said "you've been in US too long you might as well immigrate". (CO was Indian Origin and sounded good).

Good luck to you all. Couple of suggestions to those in my situation:
1. Always mark YES on DS-156 if you were ever arrested and or fingerprinted (despite of "Not An Arrest" certificate by cops).
2. Never call 911 for these matters. Try to resolve disputes with friends if you think you two can not do it among yourselves anymore.
3. Never lose faith in GOD! He will give you confidence and guidance in such traumatic situations.

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Remember, I am strictly a layperson without any legal training. These are my views based on MY experience. Not a legal consultation.
 
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