Legal Question in Immigration Law in California

H1B Arrested for DV but Not Convicted

Hi, please evaluate my case and share your thoughts. I'm on H1B visa, recently married a US Citizen in 2/08. Filed petition for greencard in 7/08. Got arrested for Abuse of Household or Family Member in Hawaii in 9/08. The victim is my husband and we both reside in CA. My defense attorney guaranteed me that as long as my husband does not fly back to Hawaii to testify in trial (which he won't), the charges against me will be dismissed. My question is - even the charges will be dismissed, how would the arrest itself affect (1) my current H1-B status and (2) my pending GreenCard application petitioned by my husband? Thank you very much for your help in advance.


Asked on 10/02/08, 2:12 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1B Arrested for DV but Not Convicted

Admissions can serve as killers to a case. If you end up with a conviction, which you could have, unless your attorney has a deal with the District Attorney, then there's a possibility of problem for you later on.

Probe the attorney as to the source of his information as to immigration consequences of criminal issues and get him to be specific as to the law. Be sure you understand and write it down carefully. Then you could have something to really base a second opinion on.

Feel free to get in touch with me if you wish to verify the advice you've received. I'm at [email protected]. Visit me at http://www.yardum-hunter.com where you can see what I do, what my clients think of my work, and how to schedule a consultation.

Sincerely,

Alice

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Answered on 10/02/08, 3:18 pm
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: H1B Arrested for DV but Not Convicted

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Jacobson & Han LLP has successfully represented individuals and corporate clients in all 50 states and in dozens of countries around the world with ALL their Immigration Law needs. We will hold your hand every step of the way. If you have an immigration problem and need legal advice, or if you have any immigration related questions, you can schedule an appointment for a personal in-office or telephone consultation. To schedule an appointment for an in-depth, personal and confidential consultation with one of our attorneys, please e-mail [email protected] to schedule a mutually convenient time for a telephonic or in-person consultation.

Thank you and we look forward to speaking with you.

Sincerely,

Nikki Mehrpoo Jacobson

Attorney at Law

[email protected]

www.GreenCard4You.com

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Answered on 10/10/08, 8:25 pm


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