Harassment and Disorderly conduct- will it affect H1B visa stamping and GC processing

[hope4best 0]

Hello all,

My VISA - H1 B

My wife VISA - H4

Me and my wife had an argument. It was loud and it was audible to the neighbors.

During the course of argument I hold her from her back and asked her to stop yelling else i would kill her (that time i was in ******* cutting vegetables and i had a knife in hand), and she also has put hot indian chilli powder and dirty ******* water into my eyes. Finally i asked to leave the house. She went into neighbors house crying and she explained what has happened.

Neighbors called the police and took complaint from the neighbors and my wife and they arrested me.

They took me to the police station (they did not put me in jail), they took finger prints, photo and then i had a conversation with a judge online (Video) and he asked me to leave with out any security deposit but on one condition that i should not talk to my wife.

Charges filed against me

1. 2701 a3 - Simple Assault by physical (M-2)
2. 2706 a1 - Terrorist threats (M-1)
3. 2709 a1 Harassment (Summary)
4. 2709 a4 Harassment (M-3)
5. 907 a Possessing instruments of crime

My wife didn't knew what was happening as she didn't knew the consequences of this on VISA and GC.

The very next day she went to the police and asked them to withdraw the case as she didnt want to put me in trouble. She gave one more statement that she was not in senses while writing the complaint and it was not exactly happened. Police refused saying its already been sent to judge for trial but they just took her next statement and asked her to leave.

Now me and my wife appointed lawyers, we both are on the same page that we need to come out of this and stay happy together.

Both the lawyers are trying hard to get this case dismissed as my wife will not testify in the first hearing.

My lawyers gave me the possible outcomes of this situation (Hearing on Aug 19th, 2014)

1. The case will be dismissed as your wife will not testify
2. If the case is not dismissed then my Lawyer will try hard to get these charges reduced to
a. 2 Harassment Summaries
b. 2 Disorderly conduct
c. With one year probation

1. I need help in understanding what will happen to my H1B and GC in both the cases.

2. ls there a chance that i will be deported in either of above 2 situations

3. I have my visa approved till Nov 2016. But if i want to go to India i need to get it stamped. Will there be any issues while VISA interview.

4. My lawyer read some books and told me that Harassment summaries and Disorderly conduct doesnt have any affect on VISA. Is it true?

Please help me.

Thanks

[NancyNguyen 1,657]

Wait until your trial verdict is available and we will go from there.

[aaron2020 11,651]

Hi,

Hopefully, you realize putting a knife to your wife and threatening to kill her is never acceptable.

Your criminal lawyer is wrong.

Domestic violence is a crime involving moral turpitude (cimt).

Even with reduced charges and nonguilty verdicts in criminal court, you can have your visa revoked in a civil immigration court. The civil immigration court has a lower burden of proof than a criminal court.

Go talk to a immigration lawyer versed in DV.

[aaron2020 11,651]

Wait until your trial verdict is available and we will go from there.

Hi,

Once the verdict is in, the immigration consequences will follow.

Better to plan ahead of the verdict.

His criminal lawyer needs to consult with his immigration lawyer to determine the immigration consequences before making deals or a verdict on the criminal side.

Once a verdict comes in, there may be very little he can do to help on the immigration side.

Edited August 17, 2014 by aaron2020

[IcezMan_IcezLady 582]

Dude, your wife may not find your threat with a knife as an empty threat but no outsider will see it that way.

No matter what you do, stay away from any Felony charges...that could send you back to India on the next flight.

get an immigration lawyer asap.

[hope4best 0]

My first hearing is completed.
This is what happened.
please suggest me if anything that i can do here.

My wife didnt testify in front of the judge. She took her 5th amendment privilege not to testify against me.
Judge didnt force her to testify as he didnt have the rights to force her.
He told he will dismiss this case on Sep 2nd if this case is not filed to the next level court.
But the prosecutor attorney(who fights for the govt) requested judge for 2 weeks of time so that he can push this case to the next level court and request the higher judge to not allow my wife to take the privilege of 5th amendment so that she will be forced to testify.

Now this prosecutor was not a full attorney. He was an intern. So he doesnt have the authority or rights to take this case to higher court or judge. He has to get this done by requesting an another attorney who has the rights to do it.

my attorney and my wife attorney told that he cant move the case further so it will get dismissed. Even if he plans to move it they will come to know about this and they told they will try to negotiate for summaries before going to next level court.
But i am still afraid that the case might move to next level court.
If it moves then i have to plead guilty for the summaries (reduced charges)

Is there anything that i can do at this point of time to make sure that the case is not moved to next level.
Can me or my wife talk to the intern prosecutor personally and request him that our lifes will be spoiled if the case is moved to higher court.

My only wish is if the case is not moved to higher court then it will be dismissed for sure as the judge told it by himself.

Please suggest.

[Boiler 45,525]

Why did you not ask your Lawyer?