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H1B VISA RENEWAL AND STAY AFTER DOMESTIC VIOLENCE ARREST RECORD

Discussion in 'Criminal Convictions and Act' started by msrini37, Mar 27, 2017.

  1. msrini37

    msrini37 New Member

    Hi

    I was arrested for Domestic Violence on my Gf (Texas Code § 22.01(a)(1) PC MA - Assault Causes Bodily Injury Family Violence ). I have my court trial on first week of April 2017. A protective order was granted in March and also judge ordered me to take DV orientation program and BIPP Classes for 6 months. I was not aware of the fact that she has called the Police and made a report.
    It was an incident where I kissed her and she said now and that happened after we wanted to break up. I showed up at the court for protective order hearing but was arrested on that day for Misdemeanor A. On the later date she came to the court and testified saying that
    I hurted her on here legs(she showed a photo that was taken 3 days after incident) and other private parts and has no proof of it. She also complained about jaw pain, when my lawyer asked that if she had complained when the police came over she said "she did not inform". Also when asked if there were any photo taken at the time they arrived she just mentioned they took the photos of bed and nothing else. She did mentioned that I was never violent towards her.

    All the things that she had mentioned in her affidavit for protective order are not true ? Me and my Lawyer have not had a chance to look at the police report yet.
    I have hired a Criminal Lawyer and also immigration lawyer with the same firm. When I spoke with Paralegal she advised that they will ask for continuance and then will try to bring down the charges.
    Do I plead guilty if they lower the charges or not guilty or no contest?
    Also as the paralegal was asking me if I want the case to be finished soon then they can wrap up in few months, I want to get justice and do not want to be punished for something I haven't done.

    I am working in USA on h1b visa. I have my GC I-140 clear and currently awaiting priority date to file I-485 which is going to take really long.

    I have 2nd H1b extension of 3 years approved and stamped until June 2018.

    Now my question's are:

    1. Will it impact my H1b? and stay in USA?
    2. Can I be subjected to deportation because of this DV?
    3. What are the chances of fighting the case and winning it? What other options do I have as she not telling truth.

    Please advise and your help on this is much appreciable.

    Apologies for any mistakes in my post.
     
  2. seven51wait

    seven51wait New Member

    hey , i am sorry to hear that. some people are vicious and spiteful they go to any lengths to destroy others .
    i been in your situation and i was accused of something i never did . i have to carry that for my life time and hoping it wont
    cause immigration problems.
    i know it is very stressful and very daunting but you have to strong and unfortunately
    fight to prove your innocence. no other choice.
    effect on immigration :
    i am waiting on my renewal , by gods grace , i am hoping it be ok.
    from my research and reading on forums and speaking to lawyers.
    there are people who got their h1b extensions etc with an accusation like this.
    it is also important that you involve an immigration attorney as well .
    what state are you in ?
     
  3. msrini37

    msrini37 New Member

    hi Seven51 wait,

    Thank you for the reply, I have hired a criminal lawyer and they do immigration as well. So hired them for both. I am in Texas and is it different from state to state ? When you say we have to fight to prove our innocence , do you mean like a trial ? Please advise.
     
  4. seven51wait

    seven51wait New Member

    it is different from state to state. i am in Michigan. it is important that your immigration attorney
    knows the implications of the plea deal or agreeing to a lesser charge.
    in hindsight i should have not agreed to anything and went to trail, because it was such horrific experience and i was distraught emotionally.
    i wanted the nightmare to be over with. along with an incompetent immigration lawyer, i agreed for disorderly conduct.
    my ex made up charges and filed PPO and was threatening me with legal action , but this time around , i fought the charges.
    finally there was No PPO . that is something to WATCH out for . again it is a heart wrenching situation that a person you love and care stabs you in the back .
     

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