HI, I am on H1b Status with no criminal charges for 10 years. Recently i was

M

michealmuca

New Member
HI, I am on H1b Status with no criminal charges for 10 years with 2 kids who are US Citizens.. Recently i was charged with Domestic Violence Misdemenor Charges. Curently Diversion is granted for the case. let me know my options in immigration proospective
 
You need to talk to an attorney who is familiar both with federal immigration law and with state criminal law in your state. The problem is that diversion programs may often involve you admitting to your basic guilt. This doesn't count as a conviction for state criminal purposes if you successfully complete the diversion program but may still end up counting as a conviction for federal immigration purposes. It is too complex a situation--and the stakes are too high (domestic violence is a very serious matter from an immigration perspective)--for anyone to give you meaningful advice on an anonymous Web forum. Even an immigration attorney is not qualified to advise you unless they are familiar with the nuances of criminal law in your state or consult with a criminal defense attorney who has that expertise. Good luck! Hopefully you have not taken any action yet on resolving the criminal charges before you get qualified immigration law advice.
 
CalGreenCard said:
You need to talk to an attorney who is familiar both with federal immigration law and with state criminal law in your state. The problem is that diversion programs may often involve you admitting to your basic guilt. This doesn't count as a conviction for state criminal purposes if you successfully complete the diversion program but may still end up counting as a conviction for federal immigration purposes. It is too complex a situation--and the stakes are too high (domestic violence is a very serious matter from an immigration perspective)--for anyone to give you meaningful advice on an anonymous Web forum. Even an immigration attorney is not qualified to advise you unless they are familiar with the nuances of criminal law in your state or consult with a criminal defense attorney who has that expertise. Good luck! Hopefully you have not taken any action yet on resolving the criminal charges before you get qualified immigration law advice.
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Thank You ! I am researching and talking to few attorneys and they say there Waivers available for this kind offence under proof of hardship as Kids are US Citizens and difficult for them if they got divided ! do you know any of this kind ?
 
OP, you need to research if the crime you were charged with is punishable up to 1 year in jail. Even if you never served a day in jail but the crime is punishable up to 1 year in jail, then it's quite possibly a crime involving moral turpitude which makes you deportable. Immigration concerns itself not with your actual sentence but the length of the sentence allowed on the books.
 
That is incorrect, the actual sentence times does makes a difference. There are many cases where judges have been issuing 364 day jail sentences in order to keep the person from being placed under proceedings. There are other issues such as CIMTs, DUIs, and other crimes that are considered significant misdemeanors (such as domestic violence) that will get one in proceedings also.
 
^You are the one who's misinformed. The actual sentence doesn't matter to immigration. What does matter to immigration for possible (and I note, POSSIBLE) deportation is the maximum possible sentence written in the law. This is the reason why California's governor signed a bill to reduce deportations:

"Gov. Jerry Brown on Monday signed into law a measure aimed at reducing deportations of legal immigrants who are convicted of misdemeanors.

The measure, SB 1310, was one of 24 bills signed by the governor, among them a ban on homeowners associations fining members who, during periods of declared drought, let their lawns go brown because of lack of watering.

The legislation aimed at reducing deportations of noncitizens who are legal residents cuts the maximum possible misdemeanor sentence in California by one day, from one year to 364 days.

Under federal immigration law, a felony is a crime punishable by 365 days or more, in which case a noncitizen legal resident can face deportation, according to state Sen. Ricardo Lara (D-Bell Gardens). Deportable crimes that carry a maximum one-year sentence include theft, fraud and forgery."

source - http://tinyurl.com/head4wh
 
You are way over simplifying it and removal law is not simple. The article you cited is one state's strategy for dealing with part of an issue. Certain aggravated felonies require a 1 year sentence of imprisonment (not probation, suspended sentence or other) and the amount of time one COULD be given is irrelevant. Typically, crimes which result in one year or more of prison or jail time are considered felonies, so when the article talks about misdemeanor crimes being given less than a 1 year sentence doesn't even make sense because few misdemeanors result in that long of a sentence anyway.

Bottom line, the new punishment measures are pretty much useless because one could be deported for DUI, domestic violence, sexual abuse, burglary, drug trafficking, and a few others in which no jail time was given at all; a conviction is all that is needed. In fact, aliens could be removed for committing any 3 misdemeanors, no matter how minor and which resulted in no jail time whatsoever.

There is no "one size fits all" scenario. You are right, any scenario may result in one being POSSIBLY removed. There is no guarantee this will happen as all the details and circumstances of each case are supposed to be considered.

One source: https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
 
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