Petitioner Arrest (Case Pending) / Criminal Record

[babyblue 0]

I am asking for a friend who is a US Citizen and is engaged to a Filipina in the Philippines . He met his fiancée 1.5 years ago on www.filipinaheart.com (which they say is not tied to IMBRA). He went to visit her earlier this year. Now he went to visit her for 2 months and is there until mid Dec. Prior to going, he got into a misunderstanding with his ex-wife, who lunged at him; yet when the police were called, they arrested him for Domestic Violence and 3rd Degree Assault (Class A Misdemeanor). There was no injury. His ex-wife claimed he pushed her. He only tried to rotate her off him after she lunged at him. He told his fiancée and she knows all about this. He doesn’t have enough time or money to marry his fiancée in the Philippines before returning to the US (so can't file for a K-3 Visa right now). He's concerned about applying for a K-1 Visa upon return and it being denied. His criminal case is still pending. What are his options? QUESTION 1) Should he apply for the K-1 before the outcome of the case? Afterwards (if he takes a plea or is found not guilty), or not even at all? If before the outcome of the case, should he admit to the arrest on the application, even though there's no conviction on the books yet? When they do the background check, they will see his arrest and might feel he's trying to hide something. He's told his fiancee everything. QUESTION 2) If he cannot afford to go to trial to prove his innocence and takes a plea (like deferred sentence), what are his options at that point? Should he still try to apply for a K-1? If not, what then? -- A plea in this case would still be treated as a conviction of a CIMT, so would he even be able to return to the Philippines to get married there, to then try to apply for a K-3 afterwards? QUESTION 3) What if he applies for a K-1 and/or a K-3, and they get denied, then what? Can his fiancee try to come over on a H-1B (she's a physical therapist), if she can find an employer sponsor? I know these are a lot of questions, but my friend is scared and desperate to be with his fiancée and is distraught about this criminal case possibly keeping them apart forever, especially since he is innocent. What are his options? Under the circumstances, should he hire an immigration attorney and avoid trying to file anything himself? He's having challenges as it is to pay for his criminal attorney, much less an immigration one now. Thank you for your time and consideration, and any help you can offer.

[KimandRuss 0]

I'm going to move this to IMBRA where I think you'll get more precise answers...

[john & jean 37]

SENT YOU A PM.....

[babyblue 0]

Thank you for the PM! Unfortunately, he doesn't have enough time (he's leaving 12/8) or enough money to get married while he's still over in the Philippines with her.

[Old Dominion 26]

In the U.S., a person is innocent of a charge until he is proven guilty. So there is no stain yet on his record, at least from this incident, and if he submits his I-129f petition right now, everything should be OK. Assuming he plans to hire a lawyer to deal with the court on this charge, the lawyer can demonstrate to the prosecutor that the evidence may not support the charges against him, and some agreement be worked out so the court doesn't create a criminal record for your friend. If that doesn't work out, a conviction can be appealed and that will take a verrrry long time, during which he is still innocent under the law. It's a sticky wicket no matter what, as a lot depends on how angry his ex-wife is.

[tallcoolone 102]

He needs to research and find a good attorney and fight the charges if he not guilty.

Domestic Violence will haunt him for a long time, and prevent him from a concealed handgun licensce among other things.

US Courts are slanted to woman or woman with children in Divorce Court.

I would assume they are slanted toward woman in Domestic Violence cases.

If not guilty I would fight the charges and spend all the money I could on proving his innocence.

He needs to find a Attorney whom is familiar with domestic violence cases.

A good attorney is worth his weight in gold.......

[payxibka 10,045]

I will assume an active I-129F and he answered the questions truthfully at the time of petition filing.... A DV charge does not make him ineligible to petition....

A USC does not apply for a visa nor subject to any visa related CIMT provisions

Edited December 3, 2008 by payxibka