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Battery case while on H1, need help

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  • Battery case while on H1, need help

    I am here to get expert advice from you all. I and my wife had an argument and I asked her to leave my room , she was not leaving and pushing towards me to open door and get in, i pushed towards her to keep her out of room and closed the door. She called 911 and two cops show up. They asked me what happened and i told the story, they didnt arrest me bcoz there was no evidence against me. Cops asked me to stay away that night so that she calm down and told me that i can come next morning and see some marriage counselor. When i returned next day , my wife was gone with kid. actually she left immediately after the incident , after i and cops left the scene. I called 911 and reported that she is not at home, cops said that she can go anywhere i need not worry she might come after few days. After 2 days another detective showed up and asked me to explain the incident, i did and he arrest me on battery charges. I spent night in jail and was out next day on bail. Now My wife has filed for injunction as well. She is staying with kid in some women shelter. Actually she is doing this with some other intention , it was something planned against me.

    My questions;
    1. What are the options for me in the criminal case (simple battery)
    2. What are my options in injunction ?
    3. How will this affect my H1 status?
    4. Should i change job , as i am getting few offers from other employers?
    5. Does USCIS check background while h1 transfer? I was fingerprinted at jail.
    6. My current job is not going good and might be laid off as i am on bench. what would happen if i am laid off while this case is pending in court? What would be my wife's status if i lose my h1 status?
    7. Can we get divorce here in US? will she have to leave country after divorce?

    Please help me with answers on any of these questions?

    Thanks in advance

  • #2
    1. Hire a good criminal lawyer and get the charges dropped. No, a plea bargain to close the case will probably haunt you later. What type of the Battery case is it? Is it a Misd with max of less than 1 year? There are many factors. You need to get a criminal attorney and also talk to an immigration attorney. One with both skills is a good fit.
    2. Your lawyer should tell you the best course of action. Talk to few attorneys as many offer free consultation.
    3. No direct impact at the moment. But your future visa processing will be delayed due to the arrest and back ground check. Travel and POE may involve more questioning based on the outcome of the case.
    4. Your call. Some employers will ask you to reveal convictions and some may ask about arrests too in the employment application. Employer may choose not to hire you based on that. No impact as you are not convicted yet. Being charged is not being same as a conviction.
    5. Same as above. They check background but may not impact a transfer of H1b as you are not convicted.
    6. If you are on bench without pay, both of you are already out of status.
    7. Really depends on your country of origin. You can get a divorce in US but if it is accepted elsewhere depends.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      @txh1b

      Thanks for the reply.

      Comment

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