Pleaded guilty in Domestic battery case

M

msc

New Member
Hello all

i was going through someof the posts on thsi site and got some courage to share my situation with u all for some of ur valuable suggestions....me and my wife had a fight and i have slapped her and she called her brother who inturn called 911 and the cops arrested me and the case went to court where i pleaded guilty as per my attorneys suggestion and the case was reduced to simple battery and i was ordered to take domestic violence counselling classes under court supervision (i.e probation) till Aug'2008. in June'07 I got my I-140 approved and had already submitted my I485 preliminary round of applying to my attorney (with the employer) with medical reports etc. however once the dates have reopened as I had a arrest record and case i couldnt apply for my GC in the current stream where the last date to apply was 19th Aug'07. I have few questions on this whole situation

I have my H1 till Apr 2009 but didnt get it stamped yet so where can i go for my h1 stamping?
should i go after i complete my probation term i.e after Aug'08?
how is it going to affect my GC process?
when can i again apply for my GC?
Does this approved I-140 help me in anyway anymore?

Is it going to help if my wife starts applying for labor and we apply for GC on her name?
my wife is also working and she is on H1 too she got her H1 last year and has to get her H1 stampign done too how to go about it?
I read about record expunging / sealing when can i apply for that?

a single moment of anger has spoiled our lives and relationship....me and my wife are working on how to get things back togehter.....

I appreciate any additional information on this situation currently I am in...
 
Unfortunately in America even a slap is considered a big crime.

It can result in deportation.

Take the help of an Attorney and withdraw the guilty plea.

If the motion to vacate guilty plea is accepted by the court then your case will be dismissed.
Otherwise you will face problems with USCIS.

I had a similar situation where I pleaded guilty but later withdrew it and got case dismissed.
I also had another arrest for suspicion at an Airport. I was detained by INS but let go next day without charge.

Despite the two arrests my I-140 is approved and I am going for an I-485 interview on December 11.

I hired an attorney to help me with the interview.

I will post my interview experience on December 11
 
CIMT Crime Involving Moral Turpitude.

msc,

do as bapiguru has said, you will be definitely called for the Interview and will be screwed, your case will come under CIMT Crime Involving Moral Turpitude.
You will come under Inadmissable but not under deportable. Do a research on CIMT you will come to know.

Shankar
 
First, let me wish you good luck for the interview.

I wanted to know the difference between arrest at airport and asking a person to wait in the airport for security checks. I ask this because my husband's 485 updated with case sent to NBC for standard interview. I remember now that during 2006 in an airport he was asked to show the status documents and he was only carrying EAD and Drivers Licence and not was not carrying passport and his expired H-4. He was not allowed take his scheduled flight. They took two hours to come back and say security check is cleared and he took the next flight after that. Would this be the reason for calling interview. Ours is a employment based GC and I am the primary and I am approved. He got medical RFE and I was wondering why he would get an interview.

bapiguru said:
Unfortunately in America even a slap is considered a big crime.

It can result in deportation.

Take the help of an Attorney and withdraw the guilty plea.

If the motion to vacate guilty plea is accepted by the court then your case will be dismissed.
Otherwise you will face problems with USCIS.

I had a similar situation where I pleaded guilty but later withdrew it and got case dismissed.
I also had another arrest for suspicion at an Airport. I was detained by INS but let go next day without charge.

Despite the two arrests my I-140 is approved and I am going for an I-485 interview on December 11.

I hired an attorney to help me with the interview.

I will post my interview experience on December 11
Click to expand...
 
Last edited by a moderator:
what if Case is dimissed

Hi,

If one was involved

1. In serious CMIT
2. And if the judge found 'No Guilty'
3. if the case got dismissed with stright dismissal 'Dismissed for want of prosecution' as DA didnt want to pursue the case
4. And if the judge grants expungement immediately
5. And if in my state, ALL non convicted dismissed cases get erased from BCI and FBI.
6. Ordered RAP sheets for State and FBI. Got hits with 'Arrested for <CMIT> and Case# got dismissed'
7. Went to Court and they advised me to contact BCI ( state )
8. Called BCI offcie to run my SSN. They got a hit. I informed that I was granted expungement. They told me they never received anything from court.
I faxed the expungement ( which says clearly Expungement for NON convicted case # ) sheet. After 36 hours, The BCI agent ( Nice guy ) called on my cell phone to inform the record got cleared . After again 2 days, I asked BCI guy to run FBI check and he found a link to FBI record. And he apololized me that the computer would nt allow him to send a request to FBI to delete the record from his Login. He told me that I needed to talk to his supervisor. After talking to his supervisor, he sent a request to FBI to delete the nonconvicted case with all the details and he again called me to check back after 48 hours. I called BCI agent and he ran the check and 'Oh Boy, everything is erased and told me good luck for my visa'.
9. After 6 months, I ordered FBI and BCI Rap sheets ( automatic online finger printing system which is fast 15 days ) which showed 'No Arrest Records Found' when submitted Finger prints ( 10 ) unlinke firsttime
10. And went to police station who arrested me and they could not find anything. And advised me to check with Local FBI field office as they might sometimes keep some records.
11. Went to local FBI field office to run my FBI record with SSN#,( First Name,Last Name),(last Name, First Name), all returned with 'No Records FOund'
12. And for I485, Checked 'Yes' for if I was arrested


I guess I didn enough leg/ground/home work on this case with the help of a friend who works at Corrections office in court.
I went through a hell of tension for 12 months.

And I am VERY lucky that in my state , this is not a felony ( the same offence is a felony in almost all other states ).

I am prepared for the interview and I work for one of big 5 firms. The law offices are very competive who would accompany me during the interview. A

nd I feel they did good job in the documention of the 485 application by attaching EACH proof of the case

1. From Criminal Lawyer
2. From DA
3. From Judge
4. Expungement which says clearly 'EXPUNGEMENT FOR NON CONVICTED' which I guess carrys a lot of weight...
5. FBI rap sheet which says no arrest records found
6 BCI rap sheet which says no arrest records found

Do you see mt I485 gets denied and get deported?. I contacted a good immigration office ( not my company ) and he told me not to worry...But still, it bothers me...

Appreciate any help.
 
Last edited by a moderator:
case dismissed

askthequestion,

I am interested to know what exactly happened after you went for the finger printing? I am in the same boat, got the indictment, going through pre trial diversion, case will be dismissed in May, 08. no conviction, no arrests.

EB3 INDIA
PD September,03
 
crime and law

i have been reading about all these posts related to domestic violence , seems like anything related crime gets the highest hits from every one . which in turn makes you think that more and more people fall into this domestic violence stupid law or the victimes of VAWA ( violence against women act ) .
the immigration department should make it mandetory to get a law degree before getting or applying for any immigration benefits , becoz more and more people are coming from other countries and more and more women are getting aware of the fact that they can do whatever they want and they will never be affect by the law .
well MSC , stop saying and verbalizing that you plead gulity . just by saying it , you are proving to everyone that you did something wrong or commited a crime .
domestic simple assault is not an inadmissible or deportable crime . but if someone is going to the hospital then the prosecutre can and will prosecute you with the max charges of felony instead of misdemeanor .
just go ahead and apply for your 485 and write everything , that you were arrested and all that matter . becoz immigration will find it out one way or another . and if u dont let them know , then you will be denied for mispresentation and falsification of your application .
send me a private message if i can be of any help .
 
domestic violence

for all those who are the victim of VAWA , read the BIA decission in the matter of sanudo .
 
You must log in or register to reply here.
Top