SOS!!!!Domestic Assault 3rd degree, Arrested, 485 pending, United Nations,ginnu, help

W

WorryForGC

Registered Users (C)
Friends need your help,

my spouse's friend screwed my life forever. stupid girl I can never forgive her, she not only messed me up but the whole family forever. May god never forgive her

I had a fight with my spouse which ended violent. She called the friend and in turn the friend called police without telling her and though in the intial questioning she didn't refuse and kind of indicated indirectly about the assault and later on said she fell down and didn't want to press charges, however the police said the state will proceed. I met 1-2 lawyers but none can gaurantee to dismiss it though my spouse is willing to write anything.
they said it may end up in probation or peace disturbance. The lawyer also said it doesn't matter even if firend called the police or my wife claims no charge they can still prosecute

Any one can suggest what should I do, can they deport me too being on H1-B or waiting 485 approval.

What are my options...

Help me SOS..
 
Wow, How cool you are posting in open that you have hit your wife and posting as it if is NOTHING and worrying only about your GC and H1 :eek: .
 
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well, don't worry too much whatever happened happened. But in this case if your wife can drop the charges or saying that was a mistake you should be fine. Of course the DA has to look and see if you had any voilent history before. If they do want to charge you for voilent stuff I would suggest you get a good attorney, who knows immigration law and try to get less charge and less or little conviction or eventually get the dismissal of all charges if it is at all possible. If your conviction falls in the scope of moral turpitude then you will have a problem adjusting the status to be permanent resident because CIS officer looks at you and gets an impression that you are a voilent person or at least not to be a moral person.

What you can really prove to the court that you are a moral person and good husband and/or good father if you have kid(s). Of course the criminal attoreny knows a lot better, but hey they are not cheap. But I do think the money does worth a lot than getting charged and/or ended up with the depotation proceedings, which will involves big bucks and troublesome down the road. Good luck!
 
you really must be females

my wife gets angry mad / uncontrollable on every small thing, the ratio of me getting angry with her is probably 50:1.

she also gets affected with my GC in doldrums.

Though I did hit her but she did something very nasty and yelled, pushed, hit my dad in front of me and refused to stop. I could easily get her arrested deported at many times for abusing him every now and then, however I aint no stupid. even on this ocassion she threatened me and I could very easily say to police about the whole incident and she would have been arrested and in trouble too, but as I said being a sensible and stable person I managed my cool.

unfortunately I am paying the price rest of my life now, having to mention this arrest and all my career in US and even elsewhere for being good and bearing with her despite her irrational behaviour all the time.

hope god is there to do justice someday, though i have never thought ill about her.

the friend has did more harm to her / us than helping her.
 
buzzhd thanks for your advice

the criminal lawyers are not charging too much i.e. less than 1K. I am willing to pay but lawyers don't gauranteee the outcome. and they think at best they can get some lesser like peace disturbance, probation which are ok from ciminal point of view but from immigration view they are still treated as conviction or close to ineligibility of PR. my wife will write or say anything to get us out.
buzzhd said:
well, don't worry too much whatever happened happened. But in this case if your wife can drop the charges or saying that was a mistake you should be fine. Of course the DA has to look and see if you had any voilent history before. If they do want to charge you for voilent stuff I would suggest you get a good attorney, who knows immigration law and try to get less charge and less or little conviction or eventually get the dismissal of all charges if it is at all possible. If your conviction falls in the scope of moral turpitude then you will have a problem adjusting the status to be permanent resident because CIS officer looks at you and gets an impression that you are a voilent person or at least not to be a moral person.

What you can really prove to the court that you are a moral person and good husband and/or good father if you have kid(s). Of course the criminal attoreny knows a lot better, but hey they are not cheap. But I do think the money does worth a lot than getting charged and/or ended up with the depotation proceedings, which will involves big bucks and troublesome down the road. Good luck!
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like I said earlier get a pricey attorney and try to get the case dismissed with the help of your wife, who is the only one can get the things right. Of course if she already said something bad to the cops at the very beginning, then things get tougher.

Don't know where you are located, but in NYC less than 1k is pretty cheap, in here I would say attorney will charge at least 1500 for that kind of case.

Here is what you have to do right now:
get an lawyer first and sit down with him or her to discuss the merits of this case. If it's just the peace disturbance or a less Misd. charge, no community service, no fine, no jail time, it will be ok in the eyes of CIS. I don't think it belongs to the moral turpitude category if you get that disposition.
plead not guilty and get hearing and try to tell judge your part of the story. of course your wife can say something good, then you will probably get very less charge hopefully disorderly misconduct which is less charge than Misd. After six months all records will be gone for ever.
 
Get absolutely the best lawyer, whatever it takes.

It makes a lot of difference whether you have an okay lawyer or a gifted one.
 
Thanks buzzhd & gravitation

1500 NYC would equate to about 1K at my location. Unfortunately though my wife didnot say directly but she didnot deny it initially when they probed and indirectly must have said something and cops would be sure to add butter to that. I was flooded with free consultation offers in mail box and met 2 fo them, since my name was already added to public records . I have no problem with the money if a lawyer can assure the outcome. don't know how really to find the best lawyer(also my wife thinks hiring the best for a small case can raise suspicion). Think I will spent the rest of the day/week out meeting few more. being a hourly worker I would have already almost 1.5K in wages on this account since the last week. Any clue on how / where to look for the best lawyer
gravitation said:
Get solutely the best lawyer, whatever it takes.

It makes a lot of difference whether you have an okay lawyer or a gifted one.
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I dont want to comment who is right or wrong. But I'd like to say my 2 cents from my own experience gained out of a small brush with law.

Procecutors have to prove something. If your spouse is not willing to go further ahead with charges, they cant do anything. What will they prove in court? The friend is only a third entity who acted based on what he/she heard and perceived of the situation. Is it something out of world spouses complaining to their friends about each other?

It is better to understand something quickly. Moral, Immoral, Good, Bad -- all this is pure non-sense when it comes to law. It is either you broke the law or did not. If there is not enough evidence to prove "you are guilty beyond reasonable doubt", nothing is going to happen.

Keeping in mind of the immigration consequences, any "deal" with procecutors is a "bad deal".

Apart from a good lawyer, you need 100% co-operation from your wife.

In America, when a dispute reaches from head to hands, it becomes society's business.
 
Worryforgc

What are the charges in the police records? This is very important. Are the charges "moral turpitude", "misdemeanor", "breaking peace". The outcome of immigration will depend on the exact language of the charges filed in the police records. "Misdemeanor" or "breaking peace" may be eaasier to deal with.
 
pras01

read somewhere the charges are 3rd degree domestic assault pretains to misdmeneour A, fortunately not a felony. Finally today after 2 weeks of exterme stress I signed up with the attorney which looks good with a team of prosecuting, defense as well as formal judge. I feel safe in their hands. The attorney was the 3rd one I met and very nice to start with and asked me so what did she did to you and how did she hurt you and I felt so comfortable, to that actually I told she did things which can get ther arrested too, but there is no point going into it as I can't do the same mistake as hers and get her into trouble. ( I acutally could have got her arrested long ago for her irrational behaviour and elderly abuse, child abuse due to her anger nature but always tried to solve the things peacefully. Anyway she is with me 100% also gave the affidavit saying no charges and now I just got to wait and see the outcome, but I personally feel relieved that the best is done in the circumstances we have now, the attorney didnot know the immigration part and I explained that even a with dismissal I still face the immigration consequences but with plea or lower sentence I may be deported. he has good contacts and once the police report is ready we will know more on the charges
pras01 said:
What are the charges in the police records? This is very important. Are the charges "moral turpitude", "misdemeanor", "breaking peace". The outcome of immigration will depend on the exact language of the charges filed in the police records. "Misdemeanor" or "breaking peace" may be eaasier to deal with.
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keep your cool...things should work out hopefully

WorryForGC said:
read somewhere the charges are 3rd degree domestic assault pretains to misdmeneour A, fortunately not a felony. Finally today after 2 weeks of exterme stress I signed up with the attorney which looks good with a team of prosecuting, defense as well as formal judge. I feel safe in their hands. The attorney was the 3rd one I met and very nice to start with and asked me so what did she did to you and how did she hurt you and I felt so comfortable, to that actually I told she did things which can get ther arrested too, but there is no point going into it as I can't do the same mistake as hers and get her into trouble. ( I acutally could have got her arrested long ago for her irrational behaviour and elderly abuse, child abuse due to her anger nature but always tried to solve the things peacefully. Anyway she is with me 100% also gave the affidavit saying no charges and now I just got to wait and see the outcome, but I personally feel relieved that the best is done in the circumstances we have now, the attorney didnot know the immigration part and I explained that even a with dismissal I still face the immigration consequences but with plea or lower sentence I may be deported. he has good contacts and once the police report is ready we will know more on the charges
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Good luck WorryForGC!

You seems to be a good guy, I wish everything with your GC process will go fine. Just try to keep a cool head. I hope your wife is educated to understand the situation you are going through, make sure she does not repeat this stupidity again in the future!!
 
Thank you all for the best wishes and advise

The case was finally dismissed after a long wait. It was nolle pros by DA and it is on a letter from the court.


Also if someone gets into this unfortunate disaster ever, send me a PM and I will be happy to share a bit of strategy.


Have read in the forum that one needs to have a court certified letter while having an entry at the POE, Is this something different than above.
 
Hi WorryForGC.

Good that the case got dismissed.

And although this suggestion is not immigration related, I'd suggest that you and your wife need to seriously take a stock of your marriage.

I'd strongly recommend seeing a marriage counsellor or a psycatrist. Believe me - they are very helpful and will help you come out better from not-so-good relationships. Spouse hitting father/child, you hitting spouse - these are not normal scenarios, and should be fixed sooner rather than later.

Good luck with your GC process.

WorryForGC said:
The case was finally dismissed after a long wait. It was nolle pros by DA and it is on a letter from the court.


Also if someone gets into this unfortunate disaster ever, send me a PM and I will be happy to share a bit of strategy.


Have read in the forum that one needs to have a court certified letter while having an entry at the POE, Is this something different than above.
Click to expand...
 
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