Green card and Domestic violence concern

scorpio11

New Member
Hi All,

A rather disturbing time for me and any answers/help is appreciated.

My husband and I got involved in a DV case exactly a year ago. I called 911 without knowing the consequences and he was arrested for a misdemeanor charge - Assault 4 (for a day). There were bodily marks on both of us (we ended up using our hands without really intending to hurt each other), but the cops determined that he was the aggressor and hence the arrest.That said, since it was an impulse fight and not my intention to get him arrested, I did not support the prosecuting attorney.The court however issued a no-contact order for a month and at the end of it (May 18th 2010), I went to the court, explained what happened and the judge empathized with our situation and lifted the NCO. His attorney managed to draw up a stipulated order of continuance (SOC) with the prosecuting attorney, which ends this May 18th.We have put the incident behind us and haven't had any issues at all (either prior or post that). That was the first and last mishap for both of us.

We have now applied for a GC through my husband's employer. He qualifies for the GC under EB-1. I am depending on the GC to continue working. We are done with all the procedures and USCIS has called us for an interview in first week of June. I think the case will die a natural death post 18th since SOC ends then. However, my concern is, to what extent is our GC jeopardized because of this incident? Could this lead to a rejection? How can I then appeal if it gets rejected? I also plan to study with work and it's almost impossible to file for a new H1B at this stage (No other visa permits an individual to work and study simultaneously here, apart from GC or H1B). Could someone please answer these questions and help me? -- Thanks
 
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