Domestic Violence --> Need some advise

Discussion in 'Criminal Convictions and Act' started by IneedAdvise, Jan 6, 2011.

  1. billusoni

    billusoni New Member

    Hi, I thought to post my question here as I am also in similar situation.

    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.
  2. karankumar

    karankumar New Member

    did you went for stamping ? could you please update me status.
  3. srm3129

    srm3129 New Member


    I am in the same trouble. I have been arrested for Assault on Family Member and I am on H1b visa (Expiring on Sep 2017). My trail date is on Jan 26th, 2017. I live in Richmond Virginia. Could any of you please recommend a good crimmigration lawyer. I really appreciate your help.

    Thank you,
  4. msrini37

    msrini37 New Member


    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.
  5. User1001

    User1001 New Member

    I am also from Washington state and same boat. About to enter SOC agreement.
    Can you share your experience about how things went from here? H1B Extention, H1B Stamping?
  6. missingmybaby

    missingmybaby New Member

    msrini37 Could you tell me what happened to your case of false allegations? I am certainly facing the same (and more)..

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