Dismissed Domestic Violence Charge

immigquestt

New Member
Hi, I had a quarrel with my wife and she called the cop. I was arrested and finger-printed for Domestic Violence and released on bail the same day. I pleaded not guilty and the case was dismissed in the court. My attorney suggested me to take anger management class as it will increase the chances of getting a dismissal. I've some questions around this with respect to my immigration.

1) I am on H1B visa. Will this incident affect my extension/amendment process?
2) Will I have any issue in the Port of Entry? If I leave the country, can I come back without any issues? I will, of course, carry the court documents including the disposition documents with me.
3) If I have to go for stamping, I am reading from various posts that I will not get my Visa quickly and I will be made to wait for months and months. Is this true?

Can you please let me know what I need to do in this situation?

I am thankful to you for your help.

Thanks.
 

1AurCitizen

Registered Users (C)
Expect to be questioned in depth by a CO. Either you'd be denied a visa, or if approved, expect scrutiny from CBP at POE. No one can predict an Embassy or CBP's decision-making process. A DV arrest, even with a court dismissal, stays on your file for law enforcement to access.

And FYI, no provision in the law comes to mind for parents of disabled kids to get a green card faster.
 

Jbuff

Active Member
Expect to be questioned in depth by a CO. Either you'd be denied a visa, or if approved, expect scrutiny from CBP at POE. No one can predict an Embassy or CBP's decision-making process. A DV arrest, even with a court dismissal, stays on your file for law enforcement to access.

And FYI, no provision in the law comes to mind for parents of disabled kids to get a green card faster.
Agreed!! To add: Also If you agreed to take anger management to get a dismissal. USCIS could take that as admitting guilt. Seeing that criminal laws and Immigration laws aren't always interpreted the same. Hence the reason I'd assume they always need the Legal documents pertaining to any case so they can make their own informed decision.
 

immigquestt

New Member
Hi 1AurCitizen and Jbuff, thank you for the replies. Really appreciate it.
My attorney said the the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.
Will this be treated as admission of guilt?
Also, one more question please. After the case is dismissed, will the FBI records be updated stating that the case was dismissed? If it won't be updated with final outcome of the case, is there any way for us to update the records in FBI?
Appreciate your inputs. Thanks again.
 

whitemimauz3

Registered Users (C)
If case was dismissed due to lack of evidence I am wondering why why requirement of completing anger management. There is something missing.
 

immigquestt

New Member
hi whitemimauz3, thanks for your reply.. my attorney said the prosecutor elected to dismiss due to lack of evidence and also my wife did not want to testify. It looks like my attorney recommended me to take anger management because that will help to get the dismissal faster. It was dismissed in pre-trial itself. My attorney said if we had not gone for anger management it could have gone to trial and then got dismissed. Please advise if you find any issues in this. Appreciate your help.
 

GaylenNorris

New Member
The attorney has a point to take a anger management to help to get the dismissal faster and to have some evidence to support. As your wife will not testify then the problem is already solve but still to clear it to court.
 
Top