Assault on Family Member/Dimissed No probable Cause/ H1b first time stamping

R

Ruckfuzzz

New Member
Hi,
I am currently on H1b visa (stamping pending) in Texas (USA). Last week, I had a verbal argument with my wife in my parked car in the apartment community and someone (unknown third person) called 911. The Cops came in and arrested me for Misdemenour A - Assault on Family member as the witness claimed that we were fighting. My wife bailed me out and we hired a lawyer who got the case dismissed for "No Probable Cause" as found by judge on my very first court appearance. I have following questions:
  1. Will this impact my H1b first time stamping and re-entry in USA. Can my h1b be cancelled or denied entry?
  2. I am planning to file for Canadian PR. What impact this can have on my application since it will appear on FBI background check and when would be the right time for me to apply for the same.
I have not informed my employer of this as i am not sure how it would be taken. But I was not guilty and hence the case was dismissed for NO PROBABLE CAUSE at the very first court date. I have NO civil or criminal record whatsoever - not even a parking ticket.
Thank you for your time and responses.
 
You should inform the employer.

An arrest, even with charges dismissed, gets lodged in a database accessible to law enforcement. There is a variation of the "Have you EVER been arrested.." type of question on many government-related forms.
 
Hi Ruckfuzzz, I am in the exact same situation and I’m so worried about any consequences that might occur. Could you please share your experience? I am on H1b now and got arrested for dv4 in WA recently. I am so worried about my paths to green card in the future and my H1b renewal and visa stamp. I am on my 2nd year of H1b now. The case was dismissed before the first court and no charge was filled. Could you please share your experience? How was your green card interview? Did you get your green card? I am really appreciated for your reply please.
 
Hey Peter, I am in the same situation. What happened in your case? The DA never filed the charges, and my attorney said they never will, but I got a paper with a stamp saying they have 3 years from now to decide to file charges since I was arrested for a felony. Also, since the statute of limitations is 5 years, I cannot have my arrest record sealed till then.
 
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