DV Misdemeanor-I485

T

tufguy

Registered Users (C)
Hi all,
After reading some related threads on this forum, I think I need to get opinions from some gurus here.
Abt 4 yrs ago, I got married to a girl from India but unfortunately marriage didnot work out and lasted just 4 months in a sorry divorce. The wife's family were pissed and she filed a police complaint at that time alleging me of domestic violence. The DA pressed the charges (felony as well as misdemeanor). However since there was not much evidence and divorce had already happened, case did not go anywhere. At that time, I was very stressed (financial, social) out and under the situation after the advice from my attorney and other people, I settled for plea bargain with DA reducing everything to misdeamnor (disorderly conduct) with no more jail time, some community service (40 hrs or so) and $500 fine.
Since then I have moved on, worked hard at my career, won many national-international level awards, got married again and thanks god we are very happily married this time. I have renewed my H1B since then (it took little longer than normal but atlast approval did come), visited and come back from India, got visa for my new wife, got my 140 approved, recd EADs and AP for 485. Everything seems to be going normal now (touchwood). I am sure INS knows everything abt my case. During my H1B's stamping at Delhi embassy, they asked me about the case and its final conclusion and I told them honestly about everything. They still went ahead and stamped it noting about the case on the stamp. My H1B stamps says that they noted a IACIS entry on my record but that doesnot affect my re-entry to the country.
After reading some posts on DV at this forum, I am just anxious if I did right thing by accepting to misdemeanor. Will this affect my I485? or since I have recd few approvals from INS since then (H1b, H4 for my wife, EAD, AP, re-entry to USA) everything is okay?

Thanks!
 
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tufguy said:
Hi all,
After reading some related threads on this forum, I think I need to get opinions from some gurus here.
Abt 4 yrs ago, I got married to a girl from India but unfortunately marriage didnot work out and lasted just 4 months in a sorry divorce. The wife's family were pissed and she filed a police complaint at that time alleging me of domestic violence. The DA pressed the charges (felony as well as misdemeanor). However since there was not much evidence and divorce had already happened, case did not go anywhere. At that time, I was very stressed (financial, social) out and under the situation after the advice from my attorney and other people, I settled for plea bargain with DA reducing everything to misdeamnor (disorderly conduct) with no more jail time, some community service (40 hrs or so) and $500 fine.
Since then I have moved on, worked hard at my career, won many national-international level awards, got married again and thanks god we are very happily married this time. I have renewed my H1B since then (it took little longer than normal but atlast approval did come), visited and come back from India, got visa for my new wife, got my 140 approved, recd EADs and AP for 485. Everything seems to be going normal now (touchwood). I am sure INS knows everything abt my case. During my H1B's stamping at Delhi embassy, they asked me about the case and its final conclusion and I told them honestly about everything. They still went ahead and stamped it noting about the case on the stamp. My H1B stamps says that they noted a IACIS entry on my record but that doesnot affect my re-entry to the country.
After reading some posts on DV at this forum, I am just anxious if I did right thing by accepting to misdemeanor. Will this affect my I485? or since I have recd few approvals from INS since then (H1b, H4 for my wife, EAD, AP, re-entry to USA) everything is okay?

Thanks!
Click to expand...

This may not apply to you but GC approval is totally different from visa, AP, EAD .....etc approvals. Many threads here have denial of their GC applications because of some sort of fraud despite many renewals of their visas, APs and EADs after the stated fraud. Nothing you can do but waiting to know what will happen. The very minimal problem which you may think is not a problem and even not mentioned in the visa, AP and EAD applications are mentioned in the I-485 application and you should answer by yes or know to those issues and for sure will be taken into consideration. For example, no FP for visa, one finger only for EAD but for GC the whole ten fingers and the very meticulous name check beside many other measures are in effect for GC approval.
 
tufguy said:
Hi all,
After reading some related threads on this forum, I think I need to get opinions from some gurus here.
Abt 4 yrs ago, I got married to a girl from India but unfortunately marriage didnot work out and lasted just 4 months in a sorry divorce. The wife's family were pissed and she filed a police complaint at that time alleging me of domestic violence. The DA pressed the charges (felony as well as misdemeanor). However since there was not much evidence and divorce had already happened, case did not go anywhere. At that time, I was very stressed (financial, social) out and under the situation after the advice from my attorney and other people, I settled for plea bargain with DA reducing everything to misdeamnor (disorderly conduct) with no more jail time, some community service (40 hrs or so) and $500 fine.
Since then I have moved on, worked hard at my career, won many national-international level awards, got married again and thanks god we are very happily married this time. I have renewed my H1B since then (it took little longer than normal but atlast approval did come), visited and come back from India, got visa for my new wife, got my 140 approved, recd EADs and AP for 485. Everything seems to be going normal now (touchwood). I am sure INS knows everything abt my case. During my H1B's stamping at Delhi embassy, they asked me about the case and its final conclusion and I told them honestly about everything. They still went ahead and stamped it noting about the case on the stamp. My H1B stamps says that they noted a IACIS entry on my record but that doesnot affect my re-entry to the country.
After reading some posts on DV at this forum, I am just anxious if I did right thing by accepting to misdemeanor. Will this affect my I485? or since I have recd few approvals from INS since then (H1b, H4 for my wife, EAD, AP, re-entry to USA) everything is okay?

Thanks!
Click to expand...
Have you mentitioned the case details in 485 form when applying? If you did not hide any information in the form, you are 100% O.K.
 
Yes, I mentioned about the case in my I-485 application. I also included the arrest and all subsequent court records with the application.
 
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I think you should be alright since you pleaded to a disorderly conduct and the charges of domestic violence is dropped. If you had pleaded to a DV charge, even though it is lowered to a misdemeanor, you would have been romovable. But according to your post, since the DV charge is not there, you should be fine. Another thing that is working to your benefit is that you travelled out of the country after the incident/conviction. For the I-485 application, one thing that they will worry about is if there is a criminal conviction after your last entry. Once your application is approved, please post that news here so that others can learn from your experience. Good luck.
MGM
 
Definitely, I will post the update to my case as soon as I hear something from USCIS.
 
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