Domestic Violence --> Need some advise

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.
 
billusoni said:
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.
Click to expand...
did you went for stamping ? could you please update me status.
 
Hi

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,
SR
 
Hi

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.
 
billusoni said:
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.
Click to expand...

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?
 
msrini37 said:
Hi

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

I was asked to complete a BIPP class and the charges were dismissed, I also got my h1 renewal this February and currently in India for my visa interview. Here I was asked about the case and court documents , I submitted them and currently in administrative processing. So just seeing if anyone on this group had similar situation with visa interview.
 
Hi,
Thank you for the input. I was under administrative processing for my H1B for 7 months almost. I finally made it to the US.
They finally had to let me go through a psychological and medical test before granting me the visa. But your case is already taken care of, expungement and so on. I was the New Delhi consulate. Reach me again if I can be of your help in some way.
Any advise for me will be appreciated.

Best,
MMB
 
Hello MMB,

Sorry about what you had to go through and I’m glad that you finally made it back to us. Just wanted to ask that if you had to take any classes for conditional dismissal and was your case dismissed as well? Just wanted to know about the outcome of your case and how it affected the visa interview and admin processing?
 
My case is still going on. They realized that. Finally let me come back to fight for my case. I have not done any such classes and my case will be dismissed as my lawyer says
 
Thank you for the info and hang on tight , everything will be over soon. I know how it feels as I was in the same boat for an year. Good luck and please reach out to me if you need anything else and I can update my status as it goes.
 
User1001 said:
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?
Click to expand...
Hi I been following this link in several other forum, I don't see any updates.@User1001 can i know what happened with your case. I'mfacing similar issue.
 
Hi please advice

I have a warrant against me , currently in India. Waiting on my H1 B extension approval, my visa is stamped until Jan 2024. My wife did not call 911 but she went to a police annex in our building and told the story to know the rules to calm me down as she is on h4. The lady called officers to the apartment and she told everything and a non bailable
Warrant is there for my name. She has lawyer ready but i have second degree Aggravated assault and simple assault. The lawyer says once I come to New Jersey . I will be arrested and processed.my wife will not cooperate and she did not sign the police report or no restraining order. She went to recant the statement saying English is second language but she showed a video with hand wrist but did not give the video to police. I see a judge and the lawyer says he will get the felony dismissed and simple assault downgraded to disorderly conduct and diversion program leading to dismissal. Can this lead to any issues for h1 B stamping after Jan 2024?
 
IneedAdvise said:
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!
Click to expand...
Hi , so within those two years you were able to go to your home country to get the visa stamping done? What issues did you face?
 
Fkk said:
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 ?
Click to expand...
Can you reply to what happened next? Was is conviction in immigration law? Were you able to get visa stamping done while on PTI?
 
billusoni said:
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.
Click to expand...
Hi can you please say if you were able to get a visa stamping done while in SOC 1 yr term?
 
IneedAdvise said:
miggjagger - Here are my comments based on my experience

First of all when you say you are found guilty means what? Did court gave you anger management (10-24 classes) with two years probation or judge has ordered you jail time or fine or both?

If you get Deferred Adjudication without admission of guilt with Anger Management training classes like me, you will not have any issues.

- While I was under probation for two years I have traveled outside USA and re-entered USA 4 times.
- After my case was dismissed, I got H1b Renewed while I was in USA
- I recently stamped H1b on my passport at US Embassy in India without any issues. I even got my passport same day as my Visa Interview. I was upfront in mentioning what exactly has happened along with Court's outcome, Successful completion of Anger Management classes, probation end date etc.
- I sought legal review from Immigration perspective and have found out my case is not considered conviction from the Immigration perspective as I did not admit to guilt ( I pleaded Not Guilty in Virginia)
- I am awaiting AOS which is now in next 6-8 months but I am confident I will not have any issues with my case otherwise I would have had issue in obtaining H1b VISA at US Embassy in India or even getting H1b approved by USCIS here. Plus even after my case got dismissed I have traveled outside US twice and re-entered US without any issues. I will have to go through second level inspection but it takes around 5-10 minutes there. I keep all court documents with me including disposition document.

So nothing is lost for you should you have been directed for Anger Management Classes with 2 years probation.

Please let me know If I can answer you any other questions

Thanks
Click to expand...
Hello, I am in a similar situation, is it possible to speak with you please?
 
I am in similar situation but different. I pled guilty to dv case as the lawyer asked me to do so, i later attempted am classes for 6 months, it got dismissed. I moved back to India now . My f1 denied recently with 214 b slip although. Will I ever get visa? Is it worth trying
 
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