please help ,a complicated situation

[sunseads 0]

i am on a k-3 visa here in usa and my aos, i-130 and ead are pending

i have been arrest for 2 days by the police because of an assault charges (misdemeanor),b my wife not pressing charges because we were not fighting but the state still going with case,the court release on ROR and made a date for the court.

1)what is gonna happen to my status here in usa

2)is that will affect my pending cases

3) my wife not pressing charge can that help

4)can any body have experience with share please

please help

[Maintian 0]

Sorry...I have no Idea

[Heliosphan 1]

i am on a k-3 visa here in usa and my aos, i-130 and ead are pending

i have been arrest for 2 days by the police because of an assault charges (misdemeanor),b my wife not pressing charges because we were not fighting but the state still going with case,the court release on ROR and made a date for the court.

1)what is gonna happen to my status here in usa

2)is that will affect my pending cases

3) my wife not pressing charge can that help

4)can any body have experience with share please

please help

I can only give you my opinion on what might happen.

Chances are there won't be a decision on your case until this matter is completely resolved. Depending on the judge/state they may just reduce the assault charges to something lesser since it's a first offense (I suggest getting a lawyer, it would definitely be worth it). As long as you're not convicted for a crime of moral turpitude you'll be fine.

I would suggest you continue filing for AOS so that you're in the system and submit a police record in the mean time.

[sunseads 0]

what you mean moral turpitude

[pushbrk 13,073]

what you mean moral turpitude

Use a dictionary for that.

All youre cases are pending. Let them continue. See an attorney about your arrest. Most likely there will be no record for USCIS to be aware of, nor will you be asked about it. If you are asked, by all means tell the truth.

[sunseads 0]

is there any chances that the court will dismiss the case since my wife not pressing charges

[Heliosphan 1]

is there any chances that the court will dismiss the case since my wife not pressing charges

That depends on the prosecutor and the details of your case.

Chances are since they're going ahead and the charges haven't been dropped, there's going to be an arraignment (where they will tell you what you are formally charged with). A lawyer may be able to plea bargain to have you basically "paroled" for six months after which the charges will be dropped (if you're VERY lucky and they don't hit you with a lesser misdemeanor conviction).

Edited June 18, 2008 by Heliosphan

[sunseads 0]

is any thing of that will affect my status and pending cases

[Heliosphan 1]

is any thing of that will affect my status and pending cases

Since you're in the midst of the process you might catch a break and they ran your background check before this happened. But if you're asked in the interview about your arrest record you must answer honestly.

[sunseads 0]

yes but you know they finger print and picture me that will appear onthe system

[Sylvia_n_Joseph 3]

In domestic cases many states have taken the spouse out of the picture. So many spouses will not press charges. So if they saw any signs that you had been the aggressor they can file charges and proceed without your wifes cooperation. The fact you were arrested and jailed for 2 days indicates you left bruises. If the fight was minor ( no brusies on your wife ) you would probably be ordered to go to anger management classes. If you buised her then they may seek to convict you. As a first time offender you mail not serve much jail time but many states like to get that record that you have been physically agressive towards your wife so that any future events it will be easier to get a hard sentence.

[sunseads 0]

there is no fight , we were just talking about a bill ,we really love each other so much

i do not know what gonna happen but my wife not pressing charges and she does not want the case to be dismissed, there is no buised on my wife

i never been arrest before in my life and this the first one and it will be the last ,and now i do not know what gonna happen i am on k-3 visa and all my cases are pending (aos,ead,i-130)

1)are they gonna make us appart (remove me from USA),or they are gonna deny the case and then deport me

2)will be able to adjust the status ,getting a green card

[Gallowglass 0]

OK. You say that your wife isn't pressing the charges, but the State is proceeding with the case anyway. You also say that you were arrest for 2 days by the police. I presume that means that you spent time in jail, since you're now ROR?

Few questions:

1 - How did the police show up/ get involved? Did your wife call them or somebody else?

2 - Do you have a court date?

3 - How long have you been in the country? If you haven't been here that long and you're in trouble...well, that's not good.

4 - Do you have an attorney? And if not, why not?

A bit of advice. I would really be careful about constatntly asking if your wife dropping the charges will "help", particularly if you're ROR. That could lead to an inference by the prosecution of interfering and/or intimidating a witness, particularly if it was your wife who called the police. Bear in mind that the State is going ahead with the case anyway.

Can all this affect your pending cases? I would say that it could, yes. Does it mean you'd be deported? See my point 4 above - get a lawyer. This is no longer a straightforward immigration matter.

[desert_fox 32]

Well the police showed up for some reason.

Don't be in denial....police so not make arrests in such matters unless there are bruises, contusions, etc.

The fact that your wife does not want to press charges is irrelevant, as it is a crime against the people of the state, and they will continue in spite of her feelings.

They will probably offer you a chance to go to some kind of class for several months until you get it, and suspend the charges if you complete the course successfully.

[sus 70]

I believe that the key definition is a conviction of a crime that could have resulted in a sentence of more than one year, whether or not you actually serve the sentence. The best advice is to get a lawyer and be sure to not plead guilty or nolo contendre to anything - A sentence of more than one year literally means 366 days. More than likely, immigration will not make a decision on your case until the criminal case is resolved and either dropped or you have a sentence.