Help -Arrest Issue

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gv485_2005

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I had a minor domestic quarrel with my wife and slapped her.She called 911 in haste and they arrested me for a charge of domestic assault and battery as per virginia law 18.2-57.2.She only wanted to give a warning and was begging them not to take me when they arrested me and gave a emergency protective order for three days .I was released on bail by my wife.My wife feels extremely sorry and is willing to drop all charges.We patched up and treat it like a small matter.We also love each other a lot.This was a extremely unfortunate incident.However my court date is set to sometime late next month .

My I-485 and my wife's I-485 are pending from nebraska service center (priority date November 2002) and I have my 2nd EAD.I continue to work with my company on H1 for last 5 and half years.How will this affect my green card process.Any advice from people having any experience is appreciated greatly.I am also in the process on contacting attorney's but any inputs are greatly appreciated.My wife is willing to coooperate with me to the fullest extent .Please advice.
 
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Its not easy

You are in exactly same situation as I am . The only difference is that I am on H1 .Okay here is what I have learned . First let me tell you the criminal issues involved . I have done some research on this .I have hired a good attorney also.

Crimial Issues .

1.Unfortunately,your wife cannot help you now . Even if she wants to drop the charges , it does not matter . It is not wife who is putting charges on you . It is the state . See your charging documents . I am sure by your story . It should be State of Virginia Vs your name .

2. Only a state procecutor an drop charges now and they will not discuss to drop the case with you.They always want to procecute.

3. What are you charges? Tell me what is the maximum jail time as per your charging documents . I will tell you the immigration issues after that .


Most Important thing
4. I live in Maryland . It is one of few states where one can claim marital privilage . This means that if the spouse is ordered by court to testify for what happened that day of fight . She/he may claim marital privilage ( Only once in life time!!) . That means she may not testify againt you .

I am not sure that state of virginia has such marital privilage . Most states do not have ( especially where the spouse has been abused by spouse) . So you need to hire a crminal attorney to get suggestions.

Let me tell you , ( I am not trying to give you tensions, as I wont get anything out of it , and importantly I am in similar situation) . This is a serious criminal charge . Deal with the criminal aspect of it first. The outcome of your criminal case would effect immigration.

Answer number 3 first , Other answers depend on them.

Mail me at amit_bom99@yahoo.com. I will be share my experince. Believe me, I am in much deep shit that you are !!!
 
wife beating

Neither of you are "sorry" that you assaulted your wives! You are concerned because it would affect your gc process!
 
Who are you

Who are you to judge if we are sorry or not ???? Every one has its own life and has its own problems . What happened with us is our personal matter. And we need say anything in public about anything . This is an immigration forum not a confession site.

So please keep your thoughts to yourself and dont post anymatter if it is not related to an issue.

By the way , Are you married ?? If yes , Do you you never had a agrument with your wife.??
 
Athomas said:
Who are you to judge if we are sorry or not ???? Every one has its own life and has its own problems . What happened with us is our personal matter. And we need say anything in public about anything . This is an immigration forum not a confession site.

So please keep your thoughts to yourself and dont post anymatter if it is not related to an issue.

By the way , Are you married ?? If yes , Do you you never had a agrument with your wife.??
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All I will say my friend is that having an argument with your wife does not mean you will physically hit her. And you started washing your dirty laundry over here.
 
Hey... never mind the personals. If you dont respond, pras01 will go away.

Ask your wife to give a written statement that she does not feel that the incident was serious. Your attorney should use this to arrive at a plea bargain with the prosecutor to reduce charges to disturbing the peace.

The problem with domestic violence is that it will be considered CIMT (Crime Involving Moral Turpitude), and that is not good for the GC processes. However USCIS is required to consider Petty Offense Exception (Max possible sentence = 365 days AND Max awarded sentence = 179 days), so generally you should be OK as long as sentencing is within that. USCIS will only consider plea (guilty/or not) and penalty. Not any subsequent record clearamce.

In case of conviction for disturbing the peace, you will be called for interview,but it should be pretty straight forward.

See: http://www.immigrationportal.com/showthread.php?t=138444&page=1&pp=15

One last thing: NEVER say NO if asked if you were arrested. You might still be asked that question at Port of Entry, even after you get your GC. All you need to tell them is Yes; and, if asked, what the court disposition was. Nothing else.

Good luck!
 
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Oh! And will those of the unwashed multitude please grow up? If you can't help the guys, don't add to their misery.
 
Thanks Niladri 30

Thanks Niadri for writing your valuable comments . I agree with you as this is what my attorney also told me .

Also thanks for understanding situation for me and GV . This is an immigration site and I beleive we are here to discuss issues on immigration only .

Things happen in life , otherwise there would have been all peace everywhere. There are always thousands of reasons which lead to such a incident
 
Thanks Niladri and Athomas

Thanks for your inputs and i am in the process of consulting an attorney for my case.For others as expressed in the thread by others stay away if you cant help.Your comments are of no concern to me and you do not live in my shoes to understand.Dont pass any judgements for you are no better than me.
 
For the benifit of others i hired an attorney who also understands immigration law.The consequences for immigration are severe compared to the consequences for the charge.Email me if you want more info at gc485_2005@yahoo.com
 
Geez.. man!

dazzling said:
All I will say my friend is that having an argument with your wife does not mean you will physically hit her. And you started washing your dirty laundry over here.
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Dude. .take a chill pill.

Expressoin is a form of support. It's their.. issue.. and let them deal with them. It's not they who are washing dirty laundry in public.. it's you who is judging toooo sooon. Dude.. just take a chill pill and let people get support if this forum can help in anyway.

Currys.
 
Please advice

I came to Canada ...Ottawa for H1B stamping on 10th jan 2005 and ever since waiting on their call to clear me for background check.
I sent my finger prints to FBI three times during the process of my Canadian Immigration and everytime they came out clear, at the back of the report it says "No Arrest Record Found". Ok Here is my concern during my college days I accidently sold a beer to a minor it happened 10 years ago(1995) , i got the ticket for that( never got arrested), i was put on probation for 6 months after that the case was deferred(not sure what thas means).
I am just concerned about that incident, it was a misdemeanor but was finger printed by the local police. Any idea or advice if I shoudl be worried.
Would appreciate any kind of info or advice.
Thanks
 
Help from Niladri30

Niladri30,
I read all your posts on the board, could you please read the above post and advice me something, would really appreciate.
I basically sold a beer to a minor in 1995, got a ticket. Went to the court myself, they fingerprint me. I got the probation for 6 months and then the case was defered. They even sent back my bail money. I was never ever arrested, didnt even spent a second in jail. I waiting in Canada to get the background clearance. I came here to get my passport stamped for H1B visa.
This is my 6th week going on now...
Would appreciate any kinda help.
 
Thanks to Niladri and Athomas .

Many thanks to Nilardri and Athomas for their support during the difficult phase.

The charge has been taken care of (Hired an criminal attorney) and had a plea bargain with a ORDER for nolle prosequi (no prosecution by state defense atorney ) on prosecutions motion.This was a plea bargain and not a plea with recommendation (no conviction whatsoever).What will INS ask for besides the disposition (court certified copy).Should i be prepared with any other documents .

I had a to work out a deal with prosecution attorney as they don't understand how criminal charge affects immigration.My attorney handles both criminal and immigration.After explaining to them that i was principal applicant for immigration and any negative impact would also affect my wife the prosecuting state attorney agreed to do a nolle prosequi based on conditions not in disposition .Send me a private email if you need details.
 
gv485_2005: Do keep us posted how your petition progresses. I am curious since I have an arrest record in the past (1997) as well for Petit Larceny (shoplifting) and the case was null processed, just like yourself. I know its not CIMT since I went to India and got H1B visa after stating truthfully that I was arrested.
They did FBI check and I had to wait for about 6 weeks in India and finally got the visa with notation: "Case Hit Does not constitue CIMT".
But I am still very concerned about its affect on GC and also in delay in getting GC (since most likely yours and my case will be transferred to a local office for an interview). I am also not sure what all they shall ask during the interview, whether they are understanding or not.
Anyone else out there who got arrested (Petit Larceny) and was able to get GC. I would really appreciate your contacting me via this thread or even PM. Also if anyone above would like to share information on this case (you and Athomas), please PM me and I shall provide an email address to discuss the issues and consequences.
Thanks guys.
 
my similar experience

I totally understand your situation. I had a similar one. On the court date, my lawyer told me that the case was dropped. But I have "been arrested" record. I did some research and expunged the record. But surely it will be brought up later if I apply for GC. The FBI will still be able to see the records. My immigration lawyer said no big deal. So don't worry, especially if you didn't get convicted, just be prepared to explain the situation.
 
Help Please!!

My wife was arrested for shoplifting four years back and the case was reduced to infraction.

The mistake I did was marked NO in the form ds156. Subsequently, her visa was not validated in 2003. Since then we were waiting to travel with Advance Parole . But since my labor is dragging.

I would like to know will it be ok if we try Canada for visa stamping? What are our chances for getting stamped?
Even though my lawer doesnt recommend, she is willing to prepare all the necessary document and letter for consulate

Please share your experience/thought please. Thanks!
 
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I personally do not recommend it either for her. If you correctly put a 'yes' in the form which you should, they might send her name for background check, which might take from 1 to many months. If you're ready for that, then go ahead..if not, plan to visit your home country..when atleast she can wait it out..if its urgent. Other than that..no other choice but to stay put here in US
 
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