Domestic Violence and immigration consequences

#1
Hi,

I was arrested for domestic violence charges PC 273.5 (f). My defence attorney made a deal with the the DA and the i pleade guilt to PC 415(2). I am granted 3 yrs probation, 52 DV classes, fine and 10 days jail(not actual but through the Work Release Program). I have my labor certification approved and my eployer is going ahead with filing of I140. Would you please advise what immigartion consequences i may face as a result of this conviction which is disturbance of peace.

My wife has been torturing me for the past few years. She was abusing me and i called police for help. when police arrived she complained against me and i got arrested.

I am stressed a lot. I have very good job. Should i go back and reopen the case.

Please help me with your advice.

Best regards,
 

BigJoe5

Registered Users (C)
#2
California Penal Code Section


415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both
such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.

(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.

This is minor thing and not a CIMT, not domestic violence, not a crime of violence, not a particularly serious crime, not an aggravated felony, and not a controlled substance violation. Not a problem, but avoid anything further because it can be part of the calculations for "multiple crimes".
 
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#3
Thanks, BigJoe5,

I greatly appreciate your response to my emails. We both (myself & my wife) have learnt our lessons. We have been married for over 12 years and have been a very happy family. We are experiencing a stressful situation since the day of my arrest. I hired a very expensive lawyer to help us out from this situation. Would you please provide your opinion on the following?
Conviction to PC 415(2) is not a CMT. Because the original charges were PC 273.5, does the arrest or original charges negatively affects the immigration process. The immigration law office hired by my employer is not aware of this conviction. They will be filing I-140 in couple of weeks. Do I need to let them know about this incident? If I does that they may disclose this to my employer which will hurt my image within the company.
Please reply, your information is very valuable.
Regards,
 

BigJoe5

Registered Users (C)
#4
Thanks, BigJoe5,

I greatly appreciate your response to my emails. We both (myself & my wife) have learnt our lessons. We have been married for over 12 years and have been a very happy family. We are experiencing a stressful situation since the day of my arrest. I hired a very expensive lawyer to help us out from this situation. Would you please provide your opinion on the following?
Conviction to PC 415(2) is not a CMT. Because the original charges were PC 273.5, does the arrest or original charges negatively affects the immigration process. The immigration law office hired by my employer is not aware of this conviction. They will be filing I-140 in couple of weeks. Do I need to let them know about this incident? If I does that they may disclose this to my employer which will hurt my image within the company.
Please reply, your information is very valuable.
Regards,
An I-140 (like an I-130 etc..) is merely a petition submitted to establish a relationship. An I-140 addresses the job offered vs. the legally defined category and the beneficiary's qualifications for the job.

The conviction is a factor in your application for the immigrant visa as an admissibility factor (AOS or CP). These are separate processes. The admissibility is determined based on the actual charges upon which one pleads or is found guilty, not the inital arrest charges. Yours is not a ground of inadmissibility.
 
#5
Do you think it is beneficial in any way to let immigration attorney (handling green card process) be aware of this incident or it does not matter.
 
#6
Need help ..similar case

Hi Kumar,

I have exactly similar situation to yours. I got 415pc.

Do you face problems going back home/or while entering US? Or renewing visa at US consulate.

Please let me know your story as I am very stressed. I recently got 415pc for similar offence.

Thanks In advance.

Kapil
 
#7
Need help ..similar case

Hi Kumar,

I have exactly similar situation to yours. I got 415pc.

Do you face problems going back home/or while entering US? Or renewing visa at US consulate.

Please let me know your story as I am very stressed. I recently got 415pc for similar offence.

Thanks In advance.

Kapil
Hi Kapil , I am in same situation .Please guide me for your experience below is my case explained:-

I have question regarding renewal H1B Visa extension. I have a domestic violence charge
273.5 against me and my lawyer has given me an option that he will try to reduce the case severity to 415 pc with 16 weeks classes and try to get the case dismissed.

So my question here is:-My Visa is expiring on sept 2020 so will i get my visa renewal with 415 pc running case. Will this case impact my visa renewal?
or because 415 pc is minimum charge so it should not be the problem to apply visa extension and i'll get my visa renew.
Please provide you suggestion.
 
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