Urgent help: H1 and criminal issues

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sentra97

Registered Users (C)
Hi; I have a query which I hope some of you could help me with

We live in the US for the last 6 years. We have two small children were born in the US. Right now my wife is on H1B and working and I am on H4 as her dependent.

Recently, me and my wife had an argument at home. The legal system got involved in it and she had been charged with domestic abuse assault (serious misdemeanor). On the day of the incident although I requested the officer several times not to press charges against her, the state pressed charges against her. They have taken her finger prints and have recorded all the personal information. An attorney specializes in criminal law is working on our case to get this case dismissed. There were some medical problems and my wife is being treated for that. We both have negative criminal history. The court has ordered a pretrial conference scheduled for the end of July. We hope and pray that the case would be dismissed.

I would like to find out, (1) Before attending the pre-trial conference in July how difficult or easy it would be for my wife to go (exit USA) to the US consulate in Toronto to change her visa stamp on her passport and return back (enter USA) As mentioned before, they have taken her finger prints, pictures and have recorded all the personal information.

(2) if the case could not be dismissed (praying for to be dismissed) and if my wife is charged with either serious or simple misdemeanor (domestic assault), what are the repercussions. We have not initiated our green card paper work yet. And would there be a possibility of deportation?

(3) I am a Canadian citizen and my wife is a Canadian Permanent resident while holding an Indian passport. If convicted, can my wife return back to Canada with our kids and me and live with us in Canada. Would this affect our admissibility to enter Canada

Thank you for your valuable opinion.

Sen
:confused:
 
sentra97 said:
Hi; I have a query which I hope some of you could help me with

We live in the US for the last 6 years. We have two small children were born in the US. Right now my wife is on H1B and working and I am on H4 as her dependent.

Recently, me and my wife had an argument at home. The legal system got involved in it and she had been charged with domestic abuse assault (serious misdemeanor). On the day of the incident although I requested the officer several times not to press charges against her, the state pressed charges against her. They have taken her finger prints and have recorded all the personal information. An attorney specializes in criminal law is working on our case to get this case dismissed. There were some medical problems and my wife is being treated for that. We both have negative criminal history. The court has ordered a pretrial conference scheduled for the end of July. We hope and pray that the case would be dismissed.

I would like to find out, (1) Before attending the pre-trial conference in July how difficult or easy it would be for my wife to go (exit USA) to the US consulate in Toronto to change her visa stamp on her passport and return back (enter USA) As mentioned before, they have taken her finger prints, pictures and have recorded all the personal information.

(2) if the case could not be dismissed (praying for to be dismissed) and if my wife is charged with either serious or simple misdemeanor (domestic assault), what are the repercussions. We have not initiated our green card paper work yet. And would there be a possibility of deportation?

(3) I am a Canadian citizen and my wife is a Canadian Permanent resident while holding an Indian passport. If convicted, can my wife return back to Canada with our kids and me and live with us in Canada. Would this affect our admissibility to enter Canada

Thank you for your valuable opinion.

Sen
:confused:
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The case will get dropped if you do not co-operate with the prosecutor/state.
Without you, there is no witness to this whole thing (no complaning witness) - they have no choice but to drop the case.

But you have far more serious issues to worry about rather than some trivial immigration issue.
 
max2k1 is correct. State will not be able to proceed with trial becuase you do not intend to support charges agaist your wife.

I would advice you to find a good immigration lawyer with US/Canada experience.

Also, fyi - that Domestic Violence issues can be hurtful with US immigration if there is a conviction. Other wise you should be fine.

Good luck and hope law enforcement does not get involve next time.

Sorry and I know my input is not that helpful to your questions.
 
Thank you all for all the help and support at the difficult moments. Your response was very important to me. I can not thank you enough. The case got dismissed with the help of a very good criminal attorney. I believe it is all in the power of prayers. Thank you all

I thought it would be interesting to learn some of it: http://www.ejfi.org/DV/dv-16.htm#pgfId-693648
 
Last edited by a moderator:
Please help DV case

Good Afternoon Sir,
I read about your Domestic voilence issue. We are in a similar situation and would like to have the charges dropped. Can you please give me some advise or share your experience.

I am really really tensed as our pre-trial is in 10 days from now.
You probably can understand my situation. Kindly let me know how your attorney convinced the judge and got the criminal charges dropped

Thanks
Raja
 
dv case dropped

Thanks to our District attorney she dropped our charges at the request of both husband and wife.

I value my freedom now more than ever
 
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