IneedAdvise
Registered Users (C)
Hi
Last year in October I was arrested for Domestic Violence Class A misdemeanor (Code Sections: 18.2-57.2). After trial I was given deferred adjudication where I have been ask to attend anger management for 6 months. I completed the anger management classes and now my probation is lifted. However my case will be pending until Jan 03 2013, when it will be eventually dismissed upon successfully complying with the terms and conditions specified. During my trial I didn’t plead guilty and my wife used 5th amendment to not to testify herself. However cop whom arrested me was present during trial, he presented photographs to judge and hence DA agreed on deferred adjudication. I didn’t had intention to hurt or hit my wife. She was hitting her head against wall so I grabbed her hands to stop her from hitting herself. In anger she dialed 911 and I was arrested for unlawfully touching her. I was released in an hour after finger printing and there wasn’t any restraining order enforced on me. I got reunited with my wife and still having healthy relationship with her. We both learnt from our mistake.
I know according to Virginia statue my charges are not CIMT and hence it is not a deportable or inadmissible offense under immigration law. I didn’t sentenced to jail either.
I am In USA on h1b visa 7th year. I have GC application under process under Eb3 category with i140 approved in Jan 2008.
Now I have some questions for which I need some expert advice/answer
1. My employer wants me to travel to Europe on a business trip. So I would like to know whether my pending status on the outcome of my case would create any issue at point of entry upon my return to USA? Will I be stopped my immigration officer and send back? Or will they arrest me? Or put me for deportation proceedings? To avoid this what documents should I carry with me so I can produce it to Port officer?
2. I would like to change job. I work for financial institution as full time employee and want to join another financial institution as FTE. I know they do credit and criminal background check. I am going to inform HR about my arrest before they arrange my interviews. So will they proceed with my interviews or they would deny my application due to DV arrest and pending judgment
3. In order to change employment, my new employer will have to file h1b transfer. I am going to supply all documents related to my arrest and court documents to USCIS. What are my chances of h1b transfer gets approved?
4. Also with new employer, I will file for GC application with porting eb3 to eb2 category so what are my chances of GC application (PERM, i140 or porting to eb2) will be approved while my case is still pending in court (deferred adjudication)?
5. Do I have any sort of immigration consequences with h1b transfer or GC application in future? I assume by the time I get my GC approved I would have my case dismissed and by the time I am ready with US neutralization application it should be 7+ year of my arrest so it should not cause any issues at that time.
If anyone of you have any insight or answers to my aforementioned questions please do post your suggestion. I will greatly appreciate your sugestions/opinion. I am going to consult immigration attorney very soon and in process of setting up an appointment with them.
Awaiting your suggestions/answes to my questions
Last year in October I was arrested for Domestic Violence Class A misdemeanor (Code Sections: 18.2-57.2). After trial I was given deferred adjudication where I have been ask to attend anger management for 6 months. I completed the anger management classes and now my probation is lifted. However my case will be pending until Jan 03 2013, when it will be eventually dismissed upon successfully complying with the terms and conditions specified. During my trial I didn’t plead guilty and my wife used 5th amendment to not to testify herself. However cop whom arrested me was present during trial, he presented photographs to judge and hence DA agreed on deferred adjudication. I didn’t had intention to hurt or hit my wife. She was hitting her head against wall so I grabbed her hands to stop her from hitting herself. In anger she dialed 911 and I was arrested for unlawfully touching her. I was released in an hour after finger printing and there wasn’t any restraining order enforced on me. I got reunited with my wife and still having healthy relationship with her. We both learnt from our mistake.
I know according to Virginia statue my charges are not CIMT and hence it is not a deportable or inadmissible offense under immigration law. I didn’t sentenced to jail either.
I am In USA on h1b visa 7th year. I have GC application under process under Eb3 category with i140 approved in Jan 2008.
Now I have some questions for which I need some expert advice/answer
1. My employer wants me to travel to Europe on a business trip. So I would like to know whether my pending status on the outcome of my case would create any issue at point of entry upon my return to USA? Will I be stopped my immigration officer and send back? Or will they arrest me? Or put me for deportation proceedings? To avoid this what documents should I carry with me so I can produce it to Port officer?
2. I would like to change job. I work for financial institution as full time employee and want to join another financial institution as FTE. I know they do credit and criminal background check. I am going to inform HR about my arrest before they arrange my interviews. So will they proceed with my interviews or they would deny my application due to DV arrest and pending judgment
3. In order to change employment, my new employer will have to file h1b transfer. I am going to supply all documents related to my arrest and court documents to USCIS. What are my chances of h1b transfer gets approved?
4. Also with new employer, I will file for GC application with porting eb3 to eb2 category so what are my chances of GC application (PERM, i140 or porting to eb2) will be approved while my case is still pending in court (deferred adjudication)?
5. Do I have any sort of immigration consequences with h1b transfer or GC application in future? I assume by the time I get my GC approved I would have my case dismissed and by the time I am ready with US neutralization application it should be 7+ year of my arrest so it should not cause any issues at that time.
If anyone of you have any insight or answers to my aforementioned questions please do post your suggestion. I will greatly appreciate your sugestions/opinion. I am going to consult immigration attorney very soon and in process of setting up an appointment with them.
Awaiting your suggestions/answes to my questions