Domestic Violence --> Need some advise

#41
Hi All,

I got the deferred adjudication for two years. H1b renewal came through last month. My gc would be current in two months and am worried with the following;-

1. I am back with my wife now and am wondering if I should appeal my case? In fair fax va?
2. If so which attorney would you recommend, I need the best. My wife feels sorry for calling the cops and wants to say she does not remember, however, can't say she lied since she is scared she will get into issues.
3. My initial trial I did not hv contact with her, and have completed the adapt course, and the probation. Thoughts?
 
#42
Hello all

PLEASE HELP ME.

I am worried here so bad not knowing whether to re appeal or not.
Will I get my GC or will I be deported. Please help

Anyone recommend a good crimigation lawyer?
 
#43
HELP PLEASE URGENT

So my attorney could not get the general continuance. I pleaded NOT guilty, and the court found me guilty of domestic violence in Virginia, because I held my spouses hand without consent. How long do I left before i get deported?

PLEASE HELP ME>
Hi miggjagger,

I am also facing a similar issue. My wife 's parents in India called up Police here in U.S. She put allegations on me and after 3 days of protective order when I was back she already left for my home country. She used my credit card to book the tickets and left. I am here in US on H1B about to start extension. Really worried about the Visa extension. I have been here for 3 years. Please suggest.
 
#44
Domestic violence charges are very dangerous, and a conviction will likely remain on your criminal record. Immediately contact an experienced criminal defense attorney for your case.
 
#45
Hi miggjagger,

I am also facing a similar issue. My wife 's parents in India called up Police here in U.S. She put allegations on me and after 3 days of protective order when I was back she already left for my home country. She used my credit card to book the tickets and left. I am here in US on H1B about to start extension. Really worried about the Visa extension. I have been here for 3 years. Please suggest.

Hi

Sorry for the delay in replying. Had decided no one would reply to my question.

I recently went to India and got visa stamping extension. Declared everything on my form. Had to submit court papers for stamping. Also was taken to the 2nd level of questioning while entering back to the U.S.

Best suggestion is get itself a damn nice crimigation lawyer and take off domestic assault and change it to assault. There is no expungement in the deferred adjudication at all. Life time of mark on the history.

Don't know abt getting gc my date has been current and retrogressed. Don't know what's next
 
#46
Hi

Sorry for the delay in replying. Had decided no one would reply to my question.

I recently went to India and got visa stamping extension. Declared everything on my form. Had to submit court papers for stamping. Also was taken to the 2nd level of questioning while entering back to the U.S.

Best suggestion is get itself a damn nice crimigation lawyer and take off domestic assault and change it to assault. There is no expungement in the deferred adjudication at all. Life time of mark on the history.

Don't know abt getting gc my date has been current and retrogressed. Don't know what's next
Hi,

could you please let me know your lawyer. I have same situations
 
#47
Hi

Sorry for the delay in replying. Had decided no one would reply to my question.

I recently went to India and got visa stamping extension. Declared everything on my form. Had to submit court papers for stamping. Also was taken to the 2nd level of questioning while entering back to the U.S.

Best suggestion is get itself a damn nice crimigation lawyer and take off domestic assault and change it to assault. There is no expungement in the deferred adjudication at all. Life time of mark on the history.

Don't know abt getting gc my date has been current and retrogressed. Don't know what's next
Hey, did you get GC? I fall in similar situations last week, please advise
 
#48
Hi VTB

I did not pleaded guilty and did not submit any facts. Police had taken photograph of my wife's hand as I had grabbed it so she cannot hit herself (she was banging her head on the headboard of the bed) so there were my finger marks on her hand that's it. Judge told me he is not considering it as inflicting injuries to her, however he held me responsible for touching my wife against her will. So he ordered me probation for 24 months with 24 anger management classes and observe peace at home. Since county courts are court of no records these photographs will never be kept as court documents.

Anyways My case has been dismissed, I have secured H1b visa approval and successfully stamped in my passport. Also AOS application has been filed and my immigration attorney has told it wont cause any issues as my sentencing is not CIMT and not conviction in immigration eyes. My attorney is very senior and well known. He also handles cases of deportation and removal proceedings. He has dealt cases similar to mine in past and he is very confident.

So if you are in same situation as of mine, nothing will happen to you. This is my experience and not feelings or perceptions as others blog and scares people. Do take advise of your immigration and criminal attorney and do not hear/listen to other people whom can scare you without having any knowledge on such matters or whom are not even qualified lawyers or knows nothing about immigration rules.

Let me know if you have any other questions. Without knowing details of your case and court outcome I would refrain of giving any wrong advise or suggestions to you. I would only highlight myanks experience as it is facts that cannot be altered/doctored/manipulated!

Thanks
Could you please give me your email, thanks
 
#49
Thanks BigJoe for the reply! We too are hoping that the charge will be thrown out, but this court seems to be very strict abt Domestic Battery. We are trying to get prepared for the bad scenario of that not happening.

What will be the next few best things if this is not thrown out? Like reducing the charge to "disorderly conduct" or anything else will avoid Green Card processing / Visa issues? Woul you please advise? Thanks.
Do you have any update in your case, Please share. I hope you have your past behind and started life fresh.
 
#50
My attorney is telling me that he would be able to get a general continuance meaning, there would not be any plea (guilty or not guilty) for a period of 2 years after which the case is dismissed. My question now is that my H1b is expiring Nov 2014, would this have any impact on the h1b ext application? Also my GC is in the labor process, as I am trying to port from eb3 would I not get my GC until the case is completely dismissed?
Any update on your case, please advise !
 
#51
Hi All,

I'm in deep trouble i got arrested on on 11/25/2014 under Domestic violence and Battery under code 18.2-57.2 misdemeanor and have to appear in court on 12/01/2014. I dont have an attorney my Wife is in Rescue Home i cant contact her because i have protective order. Can anyone suggest what to do on this. My H1b is valid until 07/2015 does it effect my H1B extension and how can i solve this issue. If my wife take complaint back does my charges get dismissed ? If she wont take back complaint what is the worst can happen on my immigration?

IneedAdvise/Winterfresh/miggjagger - What do you suggest on my case.

Guys please i need help ...


Thanks evryone in advance
Could you be able to update your case, my friend has same situation
 
#52
Hi All,

I'm in deep trouble i got arrested on on 11/25/2014 under Domestic violence and Battery under code 18.2-57.2 misdemeanor and have to appear in court on 12/01/2014. I dont have an attorney my Wife is in Rescue Home i cant contact her because i have protective order. Can anyone suggest what to do on this. My H1b is valid until 07/2015 does it effect my H1B extension and how can i solve this issue. If my wife take complaint back does my charges get dismissed ? If she wont take back complaint what is the worst can happen on my immigration?

IneedAdvise/Winterfresh/miggjagger - What do you suggest on my case.

Guys please i need help ...


Thanks evryone in advance
Raj,Do you have any updates in your case.
 
#53
Hi,

could you please let me know your lawyer. I have same situations
I just saw your post. Sorry For the delay.

The case is not between u and ur wife . It's between the state and you.

The only way out based on what I went through is to get you and your wife separate lawyers NOT same lawyer. Negotiate to change the code to just 57 no .2

The prosecutor at fair fax don't care about you or your wife or the marriage. You need to get a crimigation lawyer. There are a lot who are ready to rip you of like they did me. Wasted 5k for nothing.

Let me know if you hv any questions I'll check this post regularly going forward
 
#55
I just saw your post. Sorry For the delay.

The case is not between u and ur wife . It's between the state and you.

The only way out based on what I went through is to get you and your wife separate lawyers NOT same lawyer. Negotiate to change the code to just 57 no .2

The prosecutor at fair fax don't care about you or your wife or the marriage. You need to get a crimigation lawyer. There are a lot who are ready to rip you of like they did me. Wasted 5k for nothing.

Let me know if you hv any questions I'll check this post regularly going forward
Thank you Miggjagger!
It was county court. Judge listend to me and released me with warning not to repeat in future. The case will be opened for next 6 months. It's not probation, just case will be opened for 6 month(remanded). DA Recommended both spouse to go thru marriage counselling for better life in future. In next 6 months, if no another complaint will be reported, the case will be dismissed and expunged. I did not have to plead guilty. I hired a lawyer who assured me that case will be dissmissed with not guilty word on court paper and then expunged. Really upset over and will have hard time for next 6 months. My next visa renewal is in July 2017. I should have wait for complete dissmissal and expunged before filing I-485.
 

Fkk

New Member
#58
Hello Winterfresh

My Domestic Violence charges were turned into Probation period for 2 years with 24 anger management classes. My case will be dismissed on 3rd Jan 2013.

After my anger management classes completed and probation was lifted, I have been out of USA twice on business trips and re-enter USA with no issues. I was been sent to second level of inspection at the port of entry in New York but immigration officers at port didnt cause any issues. They told me last time that if I get arrested next time my visa will be cancelled. I think I will have to pass through second round of inspection everytime until my case is dismissed eventually on 3rd Jan 2013.

While my case was pending, I did got my H1b visa stamped by US consulate. However I havent applied for h1b renewal which I will be applying next year and My GC processing is also going on. I have immigration attorney review on my case and they said it wont be an issue for me during GC processing however I will have to pass through interview process and also my immigration attorney has to keep submitting my arrest and ongoing progress documents to USCIS so it will be hassle.

I hope this helps!
Hi could you please tell did you go for visa stamping? How did it go ? Did you went with your wife or alone for visa stamping? Please reply it will be helpful for me.
 

Fkk

New Member
#59
Domestic voilence when child present.
Able to get No plead guilty PTI (successfully completed with 24 anger management classes and one year probation ) is conviction in immigration eyes or not ?
 
#60
Hi

I am in Washington state. I am charged with domestic violence degree 4 charges I already had couple of court dates The case is still undergoing motion hearing with readiness hearing set for the December. At this moment, Prosecutor has offered the SOC(stipulated order of continuance) with the condition to do DV classes for 1 year. I think the SOC will state that if I fulfill the terms for the year, they will dismiss the charges which means the police report won't be admissible.I am still negotiating the SOC terms from 1 year to 6 months and haven't signed anything.I am on H1B VISA and my VISA stamp is expired on passport. I have I-797 valid till July 2018. I am planning to go to India in the month of January, I want to know
1) Can I do VISA stamping in India ? Can the consulate officer deny my VISA or put me on AP ?
2) Can I return back to USA ?

Appreciate any reply who have faced similar situation, I know its very much stressful.
 
Top